Maryland’s distracted driving law prohibits drivers from using a handheld cellphone device while driving. The penalties and points for using a handheld device behind the wheel differ depending on whether your violation involves talking or texting. If you get caught talking on your handheld phone, it's an $83 fine for your first offense, $140 for your second, and $160 for your third offense. There are no points for this violation (unless the violation causes an accident). The penalties for texting and driving (which includes texting, emailing, tweeting, or any type of typing on your device while driving) are a bit steeper in Maryland. If you get busted for texting and driving, it’s a $70 fine and 1 point on your driver’s license. If the texting and driving violation contributes to an accident, you get 3 points.