Tuesday, March 4, 2014

Facing Charges for Texting and Driving? Texting Laws in New Hampshire

You were texting and driving.  It was an urgent text, something that had to be done immediately, however, this time was ill-timed.  Why?  Well a cop saw you.  They pulled you over– had a reasonable suspicion that you were texting and driving, and now you are facing some tremendous penalties. What exactly is the texting and driving law in New Hampshire?  What type of punishment am I facing?  How can I escape this situation?  

Let’s discuss more.

These laws were put into place for these simple little facts:

•    According to research conducted by Distraction.Gov; you are 23 times more likely to get into an accident while texting and driving, as opposed to non-distracted driving.

•    The National HWY Transportation Safety Administration reports that texting and driving is identical to drinking 4 beers.

•    Texting and Driving causes 11 teen deaths every single day and contribute to all of car accidents.

•    Last but not least, Teens who text will spend 10% of their driving outside of their lane. 

It’s not hard to see why this happens.  When you are driving, your car will cover 24 yards every second; this is just going 50 miles per hour; meaning that 3 second text message will cover nearly ¾ of the field.  This startling evidence has led the state of New Hampshire to increase road safety by creating more harsh penalties.

The Current Law in New Hampshire

Let’s go over the current law.  When it comes to driving there are specific laws that you must follow.  For example:

2 Hand Texters – If you are moving in a vehicle and you are typing a text message; or even simply using 2 hands operate an electronic device (not necessarily a cell phone, any technology), this is a violation without question.

It does not count if you are reading or simply entering a phone number to make a phone call with one hand.  If a cop sees you texting or using two hands to operate an electronic device, they will pull you over.

Penalties and Punishment of New Hampshire Law

If you are charged with this violation, you can expect a $100 fine at the minimum.  This is certainly not the same as a DUI or a DWI, however it definitely serves as a wake-up call.  There are stark differences between a DUI and the texting and driving laws; so you are a little more safe in that regard.

If you are driving and you cause an accident because of negligence; i.e. texting while driving – then a jury is already entitled to “presume” that you were functioning in a negligent conduct.  Being a defendant in court, your prospects of successfully defending yourself decrease because you already have something going against you from the get-go.  If you are on the other end of the spectrum and are the plaintiff, the case is definitely in your favor to win.

How We Can Help

We will come to your defense.  It is not necessarily easy to remember that texting and driving is now banned.  After all, you see it everywhere.  However, when it comes down to it, if you are facing a serious fine or a case, you will need a defense attorney that can protect you. We are here to help. Give us a call. 

By Paul J. Garrity