New Hampshire Hands-Free Law: Fighting Distracted Driving and Cell Phone Tickets

The Core of the Hands-Free Electronic Device Law

Distracted driving is one of the leading causes of traffic collisions nationwide. To combat this, the state legislature enacted strict rules prohibiting the use of cell phones and other mobile devices while behind the wheel. The specific legal framework is found under N.H. Rev. Stat. Ann. § 265:79-c. This statute makes it completely illegal to use a handheld electronic device to read text messages, browse the internet, or make calls unless the device is seamlessly integrated into the vehicle or securely mounted and operated via a single touch.

It is important to note that the law applies even if you are temporarily stopped in traffic, such as waiting at a red light or sitting in a traffic jam on Interstate 89 near Lebanon. Law enforcement agencies, including the New Hampshire State Police, Concord, aggressively enforce this prohibition to maintain road safety.

How the Rule Affects Specific Drivers

While the prohibition applies to everyone, certain categories of drivers face unique challenges or possess specific exemptions under N.H. Rev. Stat. Ann. § 265:79-c.

Gig-Economy Workers (Uber, Lyft, DoorDash)

Rideshare drivers and food delivery couriers rely heavily on their smartphones for GPS navigation and accepting fares. However, holding the phone in your hand to swipe or accept a ride is illegal. Gig workers must use dashboard or vent mounts. The device must remain stationary, and drivers are legally only permitted to perform a single swipe or tap to activate or deactivate a feature. Taking the phone off the mount while the vehicle is in gear can immediately result in a traffic stop.

Teenage and Novice Drivers

For drivers under the age of 18, the state imposes a strict zero-tolerance policy. While adult drivers may use Bluetooth or hands-free systems, drivers under 18 are prohibited from using any electronic device whatsoever, even if it is completely hands-free. A violation for a teen driver can lead to immediate license suspension and severe insurance rate hikes. Parents in cities like Portsmouth and Keene should ensure their teenagers understand these rigid boundaries.

The Emergency 911 Exemption

The law does provide a very narrow exemption for emergencies. You are permitted to use a handheld device solely for the purpose of calling 911 or another emergency service to report a crime, a crash, a medical emergency, or a serious road hazard. However, this defense is strictly scrutinized in court. If you try to claim this exemption, you will generally need to provide call logs to a judge at a local tribunal, such as the 10th Circuit Court, District Division, Portsmouth, to prove the call was genuinely directed to an emergency dispatcher.

Step-by-Step Guide to Responding to a Ticket

If you receive a citation for distracted driving, ignoring it will result in automatic license suspension. Follow these steps to resolve the matter properly.

Step 1: Secure Your Driving Record

Before deciding how to plead, check your current driving record to see how many demerit points you already have. You can do this by submitting Form DSMV 505, New Hampshire, Division of Motor Vehicles, Release of Motor Vehicle Records. Accumulating too many points can trigger an administrative license suspension.

Step 2: Choose Your Plea

You must respond to the ticket within the timeframe printed on the back. You can plead guilty and pay the fine, or plead not guilty and request a trial. If you depend on your vehicle for work, consulting an attorney from our directory to help negotiate or fight the ticket may be highly beneficial.

Step 3: Attend Your Hearing

If you request a trial, you will be assigned a date at a local court, such as the 8th Circuit Court, District Division, Keene. At the hearing, the prosecuting officer must prove beyond a reasonable doubt that you were manipulating the device while operating the vehicle. You will have the opportunity to present evidence, such as dashcam footage or phone records, to dispute the officer's claim.

Fines and Demerit Points

The penalties for a hands-free violation are structured to heavily penalize repeat offenders. Each conviction also adds demerit points to your record maintained by the New Hampshire Division of Motor Vehicles, Concord.

Frequently Asked Questions (FAQ)