Is It Illegal to Text and Drive in NH?

If you’re operating a vehicle in the state of New Hampshire, put down your cell phone and, more important, STOP TEXTING, because it is now a crime to text while driving in New Hampshire.  Distracted driving is an obvious safety hazard, and recent legislation seeks to curb the number of accidents attributable to texting drivers.  Even if the officer doesn’t see you texting, your cell phone records will show the date and time of any messages you send, and if you’ve been in an accident, a message sent at or near the time of your crash might make you liable for any injuries or damage resulting from it. NH texting auto accidents personal injury

NH has enhanced its distracted driver laws by specifying texting as a primary violation.  A police officer who observes a driver texting on the road can stop the vehicle for this reason alone.  A moving violation of this kind generally doesn’t involve an arrest, but the statute imposes a $100.00 fine, and your insurance company will be notified, meaning that your premiums may go up. 

It is important to clarify that NH does not prohibit drivers from using their cell phones to dial or to talk on the phone.  If you are entering a phone number with the purpose of making a call, you are not guilty of a violation.  But the texting law doesn’t apply only to cell phones.   Typing on any electronic device, including a tablet or laptop, constitutes a violation if you are also operating a vehicle.  If you have an urgent message to send off, wait until you can safely get off the road before writing it.

If your distracted driving due to texting has caused an accident, don’t try to delete the messages.  You will face criminal charges for destroying evidence if you do this, since it is very easy for the police to obtain a warrant to search your cell phone records and find the messages you erased.  On top of the civil liability you may incur as a result of your negligent driving, you will have further fines and possible jail time to deal with in the event of a criminal conviction.  Just own up to your mistake and be honest. 

Think of your time on the road as an escape from the world’s compulsive cell phone use.  For the sake of your safety and that of others, refrain from texting while driving.  You will avoid senseless accidents, and spare yourself a likely fine and higher insurance costs.  Don’t take the risk.  Pull into the next parking lot before texting.

Articles contained here are not intended to provide legal advice, only providing general information. We encourage individuals to consult with an attorney regarding individual circumstances.