9-76-230  Use of mobile telephones.
   (a)   Except as otherwise provided in subsection (b) of this section, no person shall drive a motor vehicle while using a mobile, cellular, analog wireless or digital telephone. “Using a mobile, cellular, analog wireless or digital telephone” shall include, but not be limited to, the following activities: (1) talking or listening to another person on the telephone; (2) text messaging; (3) sending, reading or listening to an electronic message; or (4) browsing the internet via the mobile, cellular, analog wireless or digital telephone. Except as otherwise provided in subsection (c) of this section, any person who violates the requirements of this subsection shall be subject to the fine range set forth in Section 9-4-020.
   (b)   The provisions of this section shall not apply to:
      (1)   Law enforcement officers and operators of emergency vehicles, when on duty and acting in their official capacities.
      (2)   Persons using a telephone with a “hands free” device allowing the driver to talk into and listen to the other party without the use of hands.
      (3)   Persons using a telephone to call 911 telephone numbers or other emergency telephone numbers to contact public safety forces.
      (4)   Persons using a telephone while maintaining a motor vehicle in a stationary parked position, and not in gear.
   (c)   If a violation of subsection (a) of this section occurs at the time of a traffic accident, the driver may be subject to a fine not to exceed $500.00 which shall be assessed in addition to the fine provided by Section 9-4-020.
(Added Coun. J. 11-5-08, p. 43707, § 4; Amend Coun. J. 2-11-09, p. 55033, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. II, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. X, § 12)