Hand Held Electronic Device Laws for New Hampshire

A reliance on technology and cell phones has led to

an increase in the number of traffic accidents related to distracted driving due to cell phone use. Current estimates from the National Safety Council state that roughly 26 percent of accidents are due in part to the use of hand held electronic devices. Use of a cell phone while driving has been shown to cause drivers to take their eyes off the road and not be able to pay attention to surroundings, otherwise known as distracted driving. These facts and causes of concern for safety on New Hampshire roadways has led to legislation regarding the use of hand held electronic devices while driving.

Effective July 1st 2015
         
Passed by the governor and effective July 1, 2015, there is a state-wide ban on the use of hand held electronic devices while driving in New Hampshire. While hands-free systems are a legal option for adults, any minor driver is prohibited from any and all cell phone use while driving. There is already a ban on texting and driving in New Hampshire. This is also the law in 43 states and the District of Columbia. The ban on any use of hand held electronic devices will add New Hampshire to the list of 12 states and the District of Columbia who already have such a ban in place. As with any law, there are opponents who see the ban as an intrusion on rights and personal liberties. Despite the opposition, the law means police can conduct a traffic stop and issue a citation if a person is observed driving and using a hand held device.
The state has taken action to spread the word and educate the public about the ban. A marketing campaign has been initiated. Part of that marketing plan includes advertising a catch phrase—Hands Free, a Better Way to Be.

What Does The New Hands Free Law Entail?

The law is specific as to what is considered ‘use of a hand held device’. It states the reading, composing, viewing, or posting of an electronic message while driving is considered an illegal action. Also, receiving or conducting conversations via a hand held device is an infraction of the law. Residents should be aware that imputing information into a GPS system or similar system is considered use of a hand held device. The ‘use’ definition refers to a vehicle in motion and also when a driver is stopped in traffic.

The criminal consequences of being cited for breaking the new law include fines and possible license suspension in cases involving minor drivers. A first offense will lead to a $100 fine. A second offense will lead to a fine of $250 and fines can reach $500.

What to Do if Accused & Cited For Hands Free Violation

As with any traffic citation and fine, a New Hampshire criminal defense attorney can work to investigate the legality of a traffic stop and citation. Being pulled over can oftentimes be the result of a misunderstanding or wrongful assumption by authorities. There can easily be incidents of a driver being spotted with something in hand and mistakenly accused of violating the hand held device ban. The possibility of misinterpretations and misunderstandings can be countless as police are on the look-out for offenders. Despite the marketing campaign, there may also be residents who are unaware of the law and suffer the consequences. Regardless of the situation or whether a person is guilty or wrongfully accused, that citizen has rights and protections under the law. A skilled and knowledgeable criminal defense lawyer in New Hampshire can ensure every citizen has a chance to explain the situation and can then go forward with a defense plan that minimizes the impact of a citation for violating the hand held device ban.


By Kevin Tighe

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