Your Phone Behind the Wheel
RSA 265:79-c — hands free only, $100 for a first offense, and nothing at all under 18
No one may use a hand held mobile electronic device while driving a moving vehicle on a way, or while stopped in traffic for a light or another momentary delay. Holding a phone near the ear while moving is presumed to be a call.
Who handles this in New Hampshire: New Hampshire Bar Association Lawyer Referral Service; and legal aid programs and the state offices, listed in the New Hampshire directory.
- Calling 911 or a police, fire or emergency medical provider to report an emergency is allowed.
- A Bluetooth or other hands free device, or one built into the vehicle, is allowed.
- A vehicle pulled off or to the side of the road where that is legal, and staying there, is not being driven.
| Offense | Fine |
|---|---|
| OffenseFirst | Fine$100 |
| OffenseSecond | Fine$250 |
| OffenseLater | Fine$500 |
Under 18, no device at all. A driver under 18 may not use a mobile device, hands free or not, while driving or stopped in traffic, except to report an emergency.
Sources for this section (1)
- RSA 265:79-c — Use of Mobile Electronic Devices While Driving; Prohibition
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New Hampshire attorney.