You can’t hold or manipulate a mobile device while driving in New Hampshire under RSA 265:79-c, a primary offense allowing immediate stops. Adults use hands-free tech; under-18 drivers face a total ban, except emergencies, with fines from $100 to $500. But proposed bills threaten to weaken enforcement—will you risk it?
Quick Navigation
Key Takeaways
- New Hampshire law prohibits holding or manipulating a mobile device while driving; hands‑free use is permitted for adult drivers under RSA 265:79‑c.
- Drivers under 18 are banned from any mobile device use while driving, except to contact emergency services..
- Violations are enforceable as a primary offense, allowing officers to cite drivers without another traffic violation being present..
- Penalties start at $100 for a first offense, $250 for a second, and $500 for subsequent offenses..
- Non‑device distractions (eating, grooming, passenger interference) can still trigger negligent or reckless driving charges under general duty‑of‑care laws..
What Is Distracted Driving?
Because distracted driving pulls your attention away from the core task of vehicle control, it includes any visual, manual, or cognitive activity—like looking at a phone, reaching to type a text, or mentally rehearsing something else—that reduces your ability to perceive hazards and respond, increasing crash risk three to five times. Texting distracts your eyes from the road for about five seconds, equivalent to operating a football field’s length at 55 mph blind. Distracted driving statistics reveal 3,275 U.S. fatalities in 2023 per NHTSA. Driver distraction examples include talking on phones or adjusting systems, making you three to five times crash-prone.
New Hampshire’s Texting and Driving Law
Following the overview of how distraction degrades driver attention, New Hampshire’s texting-and-driving statute (RSA 265:79‑c) makes holding or manipulating a mobile electronic device while operating a motor vehicle unlawful and enforceable as a primary offense. You can’t use hand-held devices while driving or when temporarily stopped at traffic control devices; hands-free tech is allowed for adults, but drivers under 18 are banned from any mobile-device use except emergencies. Fines start at $100, rising to $250 and $500 for repeat violations within 24 months, and violations support driving-safety enforcement and referencing texting statistics.
| Who | Restriction |
|---|---|
| Adults | Hands-free only; no hand-held use |
| Under 18 | No device use, hands-free banned |
| Enforcement | Primary offense; escalating fines |
Hand-Held Device Prohibition
- First offense: $100 fine.
- Second within 24 months: $250 fine.
- Third within 24 months: $500 fine.
You’re permitted emergency calls and hands-free tech as an adult; under-18 drivers get no exceptions.
Definition of Driving Under the Law
New Hampshire law defines driving as operating a vehicle in motion, so you face handheld device restrictions unless you’re legally parked off the road or stationary there.
Driving definitions exclude stationary vehicles off the road, but legal interpretations include temporary halts at traffic control devices like stop signs or red lights—you’re still driving then.
You must pull legally aside or off the road to use handheld devices without penalty. Compliance hinges on these distinctions, as any device engagement while driving triggers fines.
Hands-Free Technology Permissions
You can use hands‑free Bluetooth or built‑in vehicle systems while driving as an adult, but New Hampshire bars all cellphone use—including hands‑free interfaces—for drivers under 18.
Emergency calls to services like 911 are permitted for everyone regardless of those restrictions.
Two‑way radios (CB/ham) may be operated with one hand, and legislative attempts to add exceptions for programming GPS while driving haven’t passed.
Adult Hands-Free Allowance
Key rules include:
- Hands-free benefits: You’ll minimize distractions while staying connected via speakerphone or vehicle integration.
- Safety considerations: Even hands-free use demands focus; avoid if it impairs driving.
- Exceptions: Dial 911 emergently, permitted anytime.
Drivers under 18 face total bans, including hands-free.
Fines start at $100 for violations.
Teen Hands-Free Ban
| Aspect | Teen Drivers | Adult Drivers |
|---|---|---|
| Hands-Free | Banned | Allowed |
| Exceptions | 911 only | Hands-free OK |
| Penalties | $100-$500 fines, suspension | Same fines |
| Purpose | Reduce distractions | Limit handheld |
This strict rule targets young motorists’ vulnerability, matching adult penalties for violations.
Restrictions for Drivers Under 18
If you’re under 18 in New Hampshire, you can’t use any mobile electronic device while driving, including hands-free technology.
This teen driver prohibition aims to curb distractions for inexperienced young drivers at higher crash risk.
You’ll face fines of $100-$500 plus potential license suspension or revocation for violations.
Teen Driver Prohibition
- Fines matching adult violations: $100 first offense, $250 second, $500 subsequent within 24 months.
- Potential license suspension, risking your driving privileges.
- One exception: emergency 911 calls to public safety agencies.
Violations heighten crash risks; obey to protect yourself and others.
Hands‑Free Not Allowed
| Penalty | Consequence |
|---|---|
| First Offense | $100 fine |
| Repeat Offense | $250–$500 fine |
| Any Violation | License suspension |
Only emergency calls to 911 or public safety agencies are permitted.
Penalties and Consequences
Because New Hampshire bars any cellphone use by drivers under 18, teen drivers face the same escalating fines as adults—$100 for a first offense and higher amounts for subsequent violations—while also risking license suspension or revocation for repeat or qualifying offenses.
- You’ll incur fines escalating to $250 and $500 for second and further offenses within 24 months, matching adult penalty tiers.
- You may face license suspension or revocation for repeat violations or if the offense is tied to a crash or other qualifying condition.
- Enforcement complements teen driver education and mobile device awareness efforts to reduce distracted-driving risk.
Primary Offense Enforcement
New Hampshire classifies using a hand-held mobile device while driving as a primary offense, so officers can stop and cite you without observing another violation.
You’ll face $100 for a first offense, $250 for a second, and $500 for subsequent violations within 24 months, and law enforcement may ticket you on sight.
Adults may use hands-free systems; drivers under 18 are banned from any mobile-device use while driving.
Legislators have attempted to reclassify the offense to secondary, but bills haven’t passed, so primary enforcement remains in effect.
Distracted driving accounts for a substantial share of NH traffic fatalities, underscoring enforcement importance.
Exceptions to the Prohibition
Although handheld mobile-device use is broadly prohibited, the statute carves out specific exceptions so you can still make emergency calls, use certain integrated or safety-related equipment, and operate legally parked or stationary vehicles without penalty.
Key exceptions include:
- Calling emergency services like 911 using a mobile device, without citation.
- One-handed use of non-cellular 2-way radios (exempt for adults, not under 18).
- Hands-free tech (Bluetooth) for adults; ignition interlock actions; stationary, legally pulled-over vehicles.
You’re exempt when safely off-road, ensuring compliance while prioritizing safety.
Penalty Structure for Violations
When you’re cited for using a handheld mobile device while driving, the statute treats it as a primary traffic offense and applies escalating fines: $100 for a first offense, $250 for a second offense within 24 months, and $500 for each subsequent offense within that same 24‑month period (penalty assessments are added to each fine).
This penalty escalation guarantees repeat violations cost more, with fine assessments increasing the total.
If you’re under 18, you face heightened penalties that may suspend your driving privileges.
Officers can stop you solely for this violation, without another infraction required.
Impact on Teen Drivers
Key impacts include:
- Total hands-free ban, unlike adults, to curb distractions.
- Fines from $100 for first offenses, matching adult penalties with license suspension risks for repeats.
- 3-5x higher accident odds from distractions, a leading fatal cause for teens.
You’ll face zero tolerance, reinforcing safer habits.
Other Types of Distractions
You’ll encounter many risky behaviors behind the wheel that aren’t singled out in statute—eating, grooming, holding pets, or fiddling with in‑car tech can all divert eyes, hands, or mind.
Because New Hampshire retains broad negligent/reckless‑driving provisions, officers and prosecutors can address those unlegislated distractions under general negligence or reckless‑driving statutes.
Expect enforcement and liability to hinge on whether the distraction measurably impaired control or foreseeably increased crash risk.
Unlegislated Distractions Considered
- The Legislature has considered defining additional distractions (e.g., holding an animal) but proposals haven’t passed.
- Prosecutors can apply general negligent/reckless driving statutes to dangerous conduct even when the precise distraction isn’t legislated.
- Enforcement focuses on the handheld device ban, creating practical limits on addressing other distractions.
General Negligence Enforcement
After lawmakers considered but failed to enact statutes naming specific distractions (like holding animals), prosecutors and police have relied on New Hampshire’s general negligence and distracted driving provisions to charge drivers for non-device distractions such as eating, grooming, or attending to passengers, because those behaviors can meet the statutory duty-to-exercise-reasonable-care standard when they shift attention and cause risk.
You face negligence enforcement for any distracted behavior shifting focus from the road.
Officials note enforcement challenges in observing and proving such acts, yet NHTSA data shows 3,000 annual U.S. fatalities demand rigorous application.
Police ramp up patrols to cite these risks under general statutes.
Legal Implications After an Accident
- Preserve evidence (phones, footage, witness info).
- Notify insurer and document damages.
- Consult an attorney immediately.
Proving Distracted Driving Evidence
Once you’ve preserved evidence and consulted an attorney, you prove distracted driving through witness testimony confirming the driver’s phone use, subpoenaed cell records showing texts or calls at the crash time, and video from dashcams, traffic cameras, or surveillance capturing the distraction.
You’ll collect witness testimony promptly, obtain signed statements, and document inconsistencies. You’ll subpoena cell phone records and call logs to establish timing and device interaction.
You’ll secure and preserve video metadata to verify timestamps and chain of custody. An experienced personal injury attorney will coordinate subpoenas, evidence preservation, and expert analysis to translate technical records into admissible proof.
State-by-State Distracted Driving Laws: Texting Bans, Handheld Rules & Penalties
| Alabama | Texting and handheld phone use banned for all drivers; primary enforcement with fines for violations. |
| Alaska | Handheld phone use prohibited for all drivers; texting is banned; escalating fines apply. |
| Arizona | Texting while driving is banned; handheld phone use discouraged with primary enforcement and penalties. |
| Arkansas | Texting ban for all drivers; handheld phone use restricted with fines and points on license. |
| California | Strict texting and handheld phone ban for all drivers; hands-free required with significant fines. |
| Colorado | Texting while driving prohibited; handheld phone use restricted; fines for primary enforcement. |
| Connecticut | Texting ban and handheld phone restrictions; primary enforcement with tiered fines. |
| Delaware | Texting and handheld phone use banned for all drivers; hands-free recommended with penalties. |
| Florida | No texting while driving; handheld phone use restricted in school/zones; fines apply for violations. |
| Georgia | Texting ban for all drivers; handheld phone restrictions with secondary enforcement and fines. |
| Hawaii | Statewide texting ban; handheld use restrictions; hands-free strongly advised with penalties. |
| Idaho | Texting while driving prohibited; handheld phone use discouraged with fines and points. |
| Illinois | Texting ban for all drivers; handheld phone use limited; primary enforcement rights granted to police. |
| Indiana | Texting and handheld phone restrictions in place; fines and possible license points apply. |
| Iowa | Texting ban for all drivers; handheld phone use restricted; enforcement with financial penalties. |
| Kansas | Texting and handheld phone use prohibited for novice drivers; restrictions and fines apply. |
| Kentucky | Texting ban and restrictions on handheld devices for all drivers; penalties and points apply. |
| Louisiana | Texting prohibited; limited handheld use restrictions; fines and ticketing enforced. |
| Maine | Texting and handheld phone bans in place; primary enforcement with fines and points. |
| Maryland | Statewide texting ban; handheld phone use restricted; graduated fines for violations. |
| Massachusetts | Texting and handheld restrictions; primary enforcement with escalating penalties. |
| Michigan | Texting while driving banned; handheld use discouraged; fines and potential points apply. |
| Minnesota | Texting and handheld phone use prohibited; hands-free preferred with fines for violations. |
| Mississippi | Texting ban and phone restrictions; enforcement with fines and possible points. |
| Missouri | Texting disallowed; handheld phone restrictions; fines and citations follow violation. |
| Montana | Texting while driving prohibited; handheld use limitations enforced with penalties. |
| Nebraska | Texting ban in effect; handheld phone restrictions apply with graduated fines. |
| Nevada | Texting and handheld phone use banned; hands-free strongly recommended with penalties. |
| New Jersey | Texting and handheld phone use banned; primary enforcement; significant penalties apply. |
| New Mexico | Texting ban and restrictions on handheld device use; fines and enforcement in effect. |
| New York | Strict texting and handheld phone bans; primary enforcement; high penalties for violations. |
| North Carolina | Texting and handheld use prohibited; enforcement leads to fines and possible license actions. |
| North Dakota | Texting banned; handheld phone use restricted; tickets issued for violations. |
| Ohio | Texting and handheld phone bans; handheld use restricted; fines and points apply. |
| Oklahoma | Texting prohibited; some handheld phone use restrictions; citations and fines enforced. |
| Oregon | Texting ban and handheld phone restrictions; primary enforcement and fines apply. |
| Pennsylvania | Texting and handheld use banned; hands-free preferred with penalties for violations. |
| Rhode Island | Texting and handheld phone use prohibited; primary enforcement with fines. |
| South Carolina | Texting ban in effect; handheld phone use restricted with fines and enforcement. |
| South Dakota | Texting while driving banned; handheld phone rules enforced with penalties. |
| Tennessee | Texting and handheld limits in place; fines assessed for violations. |
| Texas | Texting ban; handheld phone restrictions; citations and fines for distracted driving violations. |
| Utah | Texting prohibited; handheld phone use restricted; enforcement includes fines. |
| Vermont | Texting ban and handheld phone limitations; fines apply for violations. |
| Virginia | Texting and handheld phone use prohibited; hands-free preferred with fines for violations. |
| Washington | Strict texting ban; handheld phone restrictions; high enforcement and fines. |
| West Virginia | Texting prohibited; handheld use restrictions; penalties enforced with fines. |
| Wisconsin | Texting and handheld phone bans; enforcement with fines and possible license points. |
| Wyoming | Texting ban in place; handheld phone use restricted; citations issued for violations. |
Frequently Asked Questions
What Is the Distracted Driving Law in NH?
You can’t use handheld devices while driving in NH (RSA 265:79-c); it’s a primary offense with distracted driving penalties of $100 first, $250 second, $500 subsequent. Adopt safe driving practices like hands-free for adults.
What Is Jessica’s Law in New Hampshire?
Investigate this: Jessica’s Law increases penalties enforcement when handheld-device use causes serious injury or death; you can face up to $4,000 fine and up to seven years’ imprisonment, and prosecutors pursue heightened charges aggressively.
What Is the New Cell Phone Law in NH?
You can’t use handheld devices for cell phone usage while driving in NH; it’s a primary offense since 2015. Adults may use hands-free; under-18s can’t. Fines: $100 first, up to $500. Boosts driving safety.
Am I Allowed to Touch My Phone While Driving?
Don’t risk your life blindly driving a football field at 55 mph! You’re not allowed to touch your phone while driving in New Hampshire—hand-held phone usage is banned to protect driving safety. Use hands-free only, or face fines.
Conclusion
You comply with RSA 265:79-c by rejecting hand-held devices while your vehicle moves, opting for hands-free tech unless you’re under 18—then you banish all use except emergencies. Fines climb from $100 to $500; suspensions hit young drivers hard. Don’t let distractions steer you into chaos like a shipwrecked vessel on stormy seas—master the road, uphold safety, and evade negligent driving violations. (75 words)
