This story was originally produced by the Concord Monitor. NHPR is republishing it in partnership with the Granite State News Collaborative.
If you use your cell phone while driving, you may want to think twice — unless you’re willing to pay twice as much.
A bipartisan bill, backed by state law enforcement, would institute higher fines for drivers who use handheld devices behind the wheel. In some cases, motorists could lose their licenses for a month or more.
Sen. Donovan Fenton, a Democrat from Keene who serves on Gov. Kelly Ayotte’s Highway Safety Task Force, pointed to state crash data as reason for the change proposed in his Senate Bill 649.
The number of traffic deaths in New Hampshire has crept up over the past few years. In 2023, there were 127 fatalities, at least six of which stemmed from distracted driving, Fenton said.
“Distracted driving is becoming more pronounced, more dangerous and more deadly,” he said at a public hearing last week. “The current penalties are not enough to change behavior, particularly with repeat offenses.”
There were 133 traffic deaths in 2024 and 138 in 2025, according to the Office of Highway Safety. In 2026 so far, thirteen people have died in car crashes.
Fenton’s bill would increase the amount someone has to pay for violating the prohibition on cell phone use while driving. First-time offenders would pay $250 instead of the current $100, and on the second violation in two years, the offender would pay $500. For the third offense in two years, they would pay $750 and lose their license for 30 days. All those penalties could increase if cell phone use behind the wheel is found to be a contributing factor in a car crash.
Current law allows hands-free operation of a cell phone via Bluetooth but prohibits handheld device use. The state collected more than $568,000 in related fines and penalty assessments in the most recent fiscal year.
Distracted driving was a contributing factor in 4,520 of the state’s nearly 28,000 non-fatal crashes in 2023, according to the Department of Safety. That’s a little over 16%, though a report from the task force said officials suspect distracted driving is difficult to track and underreported in more serious collisions. Cell phones are a common culprit in distracted driving.
Ayotte’s task force has highlighted other policies that it says would increase public safety, including doubling the license suspension period for refusing a breathalyzer test.
In the first 10 weeks of 2026, three-quarters of the people arrested for impaired driving in New Hampshire refused to take a breath alcohol test, Ayotte said in a recent press release. The governor has waged a public campaign for the proposed law, Senate Bill 620, which she says would disincentivize drivers from refusing the test.
What’s next: Senate Bill 649 breezed through the Senate earlier this year. The House of Representatives is set to vote on it in the coming weeks after a committee recommended its passage almost unanimously.
