New Hampshire Bill Would Increase Fines for Distracted Driving Violations
Why New Hampshire Is Moving Toward Tougher Distracted Driving Penalties
Every year, families across New Hampshire get a phone call that changes everything. Not because someone was calling them, but because someone else was on their phone while driving. The car accident happens in seconds. The recovery, if it comes at all, can take years. All too often, the driver who caused it walked away with a fine that barely covered a tank of gas. That may soon change.
A new bipartisan bill moving through the legislature would significantly increase the cost of using a handheld device while driving. If it becomes law, Senate Bill 649 will put real financial consequences on a behavior that continues to injure and kill people on New Hampshire roads.
Burns, Bryant, Cox, Rockefeller & Durkin, P.A. has worked with individuals and families affected by distracted-driving crashes throughout New Hampshire. Since April is Distracted Driving Awareness Month, we believe every driver should take the time to acknowledge the risks and be proactive in preventing tragedies.
What New Hampshire Law Currently Allows and Prohibits
New Hampshire already restricts the use of handheld electronic devices while driving, allowing hands-free operation through Bluetooth or voice controls. Drivers are expected to keep both their attention and physical interaction focused on the road.
The proposed changes in Senate Bill 649 do not create a new rule. Instead, they increase the consequences for violating an existing one.
That distinction matters because many drivers already understand the law but continue to treat the penalties as minor.
What Senate Bill 649 Would Actually Change
Senate Bill 649 was introduced by Sen. Donovan Fenton, a Democrat from Keene who serves on Governor Kelly Ayotte's Highway Safety Task Force. The bill has already passed the New Hampshire Senate, and a House vote is expected in the coming weeks following a near-unanimous committee recommendation. The proposed changes to the fine structure are substantial:
- First Offense: $250, more than doubling the current $100 fine.
- Second Offense Within Two Years: $500, significantly increasing penalties for repeat violations.
- Third Offense Within Two Years: $750 and a 30-day license suspension.
- Crashes Involving Phone Use: Increased penalties when distraction contributes to a collision.
Sen. Fenton explained the reasoning plainly: "Distracted driving is becoming more pronounced, more dangerous, and more deadly. The current penalties are not enough to change behavior, particularly with repeat offenses." A $100 ticket isn't a deterrent for someone who treats their phone like a permanent extension of their hand.
Why Higher Fines May Matter in Injury Cases
Raising penalties does more than punish drivers. It changes how distracted driving is viewed when a crash leads to injury.
When lawmakers increase fines, they are signaling that the behavior carries a higher level of risk. That shift can influence how cases are evaluated, especially when a driver uses a handheld device despite clear restrictions.
In some cases, the imposition of harsher penalties can reinforce the argument that the driver acted unreasonably under the circumstances. It moves the conversation away from a simple mistake and toward a decision that carries known consequences.
The Scope of the Problem in New Hampshire
New Hampshire already prohibits handheld device use while driving, with hands-free Bluetooth permitted, and the state collected more than $568,000 in fines and penalties under the existing law in the most recent fiscal year. But the fines haven't been enough.
According to the NH Department of Safety, distracted driving was a contributing factor in 4,520 of nearly 28,000 non-fatal crashes in 2023, a little over 16 percent of those incidents. That figure almost certainly understates the real problem because, in more serious collisions, distracted driving is notoriously underreported. Witnesses aren't always present, phones aren't always seized, and drivers rarely volunteer that they were scrolling when they hit someone.
New Hampshire has also seen its traffic fatality numbers trend in the wrong direction in recent years, giving SB 649 an urgency that's hard to ignore.
What Happens If Senate Bill 649 Becomes Law?
Senate Bill 649 has already passed the New Hampshire Senate and is awaiting action in the House. If it is approved, the increased penalties could take effect within the current legislative cycle.
That timing matters because it reflects a growing push to address distracted driving through stronger enforcement rather than awareness alone.
Even before any changes take effect, the bill highlights how seriously lawmakers are beginning to treat the issue.
Distracted Driving Isn't Just Confined to Cellphone Use
While smartphones often dominate the conversation surrounding road safety, they are far from the only hazard diverting attention away from the road. Distracted driving can include any activity that diverts attention from the primary task of safely navigating a vehicle. Common habits like eating a meal, adjusting the climate controls, dealing with pets or passengers, and even daydreaming can significantly impair reaction times.
The three main types of distracted driving include:
- Visual Distractions: Taking your eyes off the road.
- Manual Distractions: Removing hands from the wheel.
- Cognitive Distractions: Losing mental focus while driving.
What a Distracted Driving Crash Victim Can Recover
When someone is injured because another driver was on a handheld device, they may have the right to pursue a personal injury claim that goes far beyond what any state fine would cover. New Hampshire law allows injured people to seek compensation for:
- Medical Expenses: Emergency care, surgery, and long-term treatment.
- Lost Wages And Earning Capacity: Income lost during recovery or due to long-term limitations.
- Pain And Suffering: Physical discomfort and emotional impact.
- Property Damage: Vehicle repair or replacement costs.
- Out-Of-Pocket Costs: Additional expenses tied to recovery.
FAQs About Distracted Driving Laws in New Hampshire
Is it illegal to hold a phone while driving in New Hampshire?
Yes. New Hampshire law prohibits drivers from holding or manually using a handheld device while operating a vehicle.
What would Senate Bill 649 change?
The bill would significantly increase fines and penalties for distracted driving violations, particularly for repeat offenses.
Can I recover damages after a distracted driving crash?
Yes. If another driver’s distraction caused your injuries, you may be able to pursue compensation for medical costs, lost income, and other damages.
Does a higher fine affect a personal injury case?
Stronger penalties can reinforce how seriously distracted driving is treated, which may influence how a case is evaluated.
How is distracted driving proven after a crash?
Evidence can include phone records, crash reports, witness statements, and video footage showing how the collision occurred.
Discuss Your Situation With a New Hampshire Injury Lawyer
Time matters in these cases, and not just because New Hampshire's statute of limitations applies. Evidence fades, witnesses forget details, and phone records can become harder to obtain. The sooner an attorney gets involved, the better positioned a victim is to build a strong case.
If you or a loved one was hurt in a crash where distracted driving may have played a role, the attorneys at Burns, Bryant, Cox, Rockefeller & Durkin, P.A. are here to fight for you. We've been serving clients since 1870, and our firm has recovered millions for people injured in car accidents across New Hampshire from our offices in Dover and Portsmouth.
Talk to us; we'll listen, answer your questions, and help you with the next steps. When you're ready, we'll fight for the results you deserve. Contact our law firm online or by phone today for a free consultation with no obligation and no cost unless we recover for you.
"Engaging the firm Burns, Bryant, Cox, Rockefeller, and Durkin was a very good decision for me. After thoroughly reviewing our partnership concerns and rights, our situation was quickly and efficiently resolved. I couldn't have chosen a better firm... Many thanks to them for their professionalism and helpful guidance." -M.C., ⭐⭐⭐⭐⭐
