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Your Phone Behind the Wheel

21 Del. C. § 4176C — no phone in hand while the car is moving, a $100 civil penalty, and no points

No one drives on a highway while using an electronic communication device while the vehicle is moving. Using means holding it in the hand while viewing or sending images or data, playing games, texting or emailing, or talking or listening on a call.

  • 21 Del. C. § 4176C
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  • A call on a hands free device, with the device not held, is allowed, and so is turning hands free equipment on or off.
  • Reporting a fire, crash, road hazard, emergency, an unsafe or impaired driver, or a crime is allowed.
  • 21 Del. C. § 4176C
OffenseCivil penalty
OffenseFirstCivil penalty$100
OffenseAgain within 2 yearsCivil penalty$200 to $300
  • 21 Del. C. § 4176C

No points are assessed for it. Drivers with a learner's permit may not use a phone at all while driving. A particular ticket is a question for a licensed Delaware attorney.

  • 21 Del. C. § 4176C
Sources for this section (1)
  1. 21 Del. C. § 4176C — Electronic communication devices; penalties

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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