New Hands Free Law: Live (Hands) Free and Drive
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A new law will be going into effect in New Hampshire on July 1, 2015. The new law makes it a violation to use any hand-held mobile electronic device capable of providing voice or data communication while driving a motor vehicle upon a way.
The statute also prohibits using such devices while “temporarily halted in traffic for a traffic control device or other momentary delay.” This means that you will not be able to use hand held devices at a stop sign or while stopped in traffic, whether at a stop light or for any other reason.
The exceptions to this general prohibition allow drivers to report an emergency, to “the enhanced 911 system or directly to a law enforcement agency, fire department, or emergency medical provider.” Drivers will also be permitted to use one hand to transmit or receive messages on any non-cellular two way radio and to use Bluetooth or other hands free devices.
Any driver who violates this new law will be found guilty of a violation and will be fined $100 plus penalty assessment for a first offense (for a total of $124); $250 plus penalty assessment for a second offense (for a total of $310); and $500 plus penalty assessment for any subsequent offense within a 24 month period (for a total of $620).
For drivers less than 18 years of age, the law is a little stricter. Drivers under 18 years of age will not be permitted to use cellular, mobile telephone, or other mobile electronic devices, whether hands free or not, for any reason except to report an emergency. Drivers under 18 years of age shall be subject to the same fines; however drivers under 18 years of age shall also be subject to license suspension or revocation as follows:
- 20 days for a first offense
- 45 days for a second offense
- 90 days for a third or subsequent offense.
This new law is codified at NH RSA 265:79-c.
If you are cited for violation of this new law or any other motor vehicle violation, you have the choice to consult with legal counsel. Certain motor vehicle violations can affect your insurance and/or impact your ability to drive at all.
Especially for motor vehicle operators with a CDL (commercial driver’s license) or who are motorcycle riders, certain motor vehicle violations can present larger problems. For example, one’s CDL license can be suspended or revoked even if the operator is driving their personal vehicle and even if the operator’s standard license might not be suspended or revoked. Additionally, for motorcycle riders charged with DUI, if, upon conviction, the driver is sentenced to any period of an interlock device (the device that tests your BAC before being able to start your vehicle), then you may simply not be able to legally operate your motorcycle during the entire period you are sentenced to have an interlock device installed. This is because, in the state of New Hampshire, it is very difficult (if not impossible) to find a shop/vendor that will install an interlock device on your motorcycle.
The bottom line is to be mindful of the rules of the road at all times while operating any motor vehicle and, if you are given a ticket of any kind, to consult with legal counsel in order to protect your interests.
