Distracted Driving Laws in North Carolina

holding ice coffee and mobile phone while driving a car - distracted driving laws concept

Distracted driving is a serious issue in North Carolina and can lead to severe consequences. Understanding North Carolina distracted driving laws is essential for every driver. This guide will provide you with important information about these laws, including penalties and how to avoid getting a ticket for distracted driving.

What is Distracted Driving?

Distracted driving is any activity that diverts attention from driving. This includes talking or texting on your phone, eating and drinking, talking to people in your vehicle, or fiddling with the stereo, entertainment, or navigation system. Distractions can endanger the driver, passengers, and bystanders.

North Carolina Distracted Driving Law

North Carolina has specific laws targeting distracted driving, especially focusing on texting (or reading texts) while driving. The primary law you need to be aware of is the Hands Free Law, which states that it’s illegal to text and drive in North Carolina.

Texting While Driving

Under North Carolina law, all drivers are prohibited from using a mobile phone to text or email while driving. This includes reading texts or emails, typing messages, or sending messages. This law applies to all drivers, regardless of age or experience.

Cell Phone Use by School Bus Drivers and Drivers Under 18

Additionally, School bus drivers and drivers under 18 are not allowed to use cell phones at all while driving, with very few exceptions, such as in emergencies.

What are the Penalties for Texting While Driving?

A fine of $100, with additional penalties possible if you are under 18, are a school bus driver, or hold a provisional license.

Are Other Charges Possible?

Yes, in fact, it’s the other possible charges that are more serious. Distracted driving can result in charges for left of center, following too closely, reckless driving, and so on. Some of these charges are actually misdemeanors, and all of them can carry license and insurance points.

Are There Exceptions to the Hands Free Law?

As long as the vehicle is moving, a North Carolina driver cannot text and drive. However, there are some exceptions to this law, including:

  • Official duties: Law enforcement officers, firefighters, and ambulance drivers are allowed to text while performing official duties.
  • Stopped or parked: Drivers are allowed to text if their vehicle is lawfully stopped or parked.
  • Voice-operated technology: Drivers can use voice-operated technology, such as voice to text.
  • GPS: Drivers can use a factory-installed or aftermarket GPS to receive data as part of a digital dispatch system.
  • Hands-free devices: Commercial drivers, drivers with medical conditions, emergency responders, drivers assisting disabled people, and school bus drivers can use hands-free devices without receiving a fine.
  • Emergency situations: Drivers are allowed to use their phones to make emergency calls to law enforcement, first responders, and medical personnel.
  • Safety-related information: Drivers can use their phones to receive important safety-related information, such as severe weather alerts.

Why Distracted Driving Laws are Important

Distracted driving laws are in place to keep everyone on the road safe. Distractions can easily lead to accidents, which can cause injuries or even fatalities. By adhering to these laws, you contribute to making the roads safer for yourself and others. Common types of distractions include:

  1. Visual Distractions: Anything that takes your eyes off the road, such as looking at your phone or a GPS device.
  2. Manual Distractions: Anything that takes your hands off the wheel, like eating, drinking, or adjusting the radio.
  3. Cognitive Distractions: Anything that takes your mind off driving, such as daydreaming or engaging in an intense conversation.

Avoiding Distracted Driving

Here are some tips to help you avoid distracted driving:

  • Put Your Phone Away: Keep your phone out of reach while driving to avoid the temptation to use it.
  • Set Up Driving Focus Feature: Enable your phone’s driving focus feature to auto reply to messages while your vehicle is in motion.
  • Plan Ahead: Set your GPS and adjust your radio or playlist before you start driving.
  • Stay Focused: Keep your attention on the road and be aware of your surroundings.
  • Pull Over: If you need to make a call or send a text, find a safe place to pull over and park.

What are the Consequences of Distracted Driving?

The consequences of distracted driving can be severe. Besides the immediate danger of causing an accident, getting caught can lead to fines, points on your license, and increased insurance premiums.
In more severe cases, it can lead to criminal charges, especially if someone is injured or killed as a result of distracted driving.

Distracted Driving Statistics

Distracted driving is a significant problem nationwide. According to the National Highway Traffic Safety Administration (NHTSA):

  • Distracted driving claimed 3,308 lives in 2022 alone.
  • Young drivers are particularly at risk, with drivers under 20 being the largest proportion of distracted drivers in fatal crashes.

Distracted Driving Laws and Insurance Premiums

Getting a ticket for distracted driving can impact your insurance rates. Insurance companies consider distracted driving a serious offense, and getting caught can lead to higher premiums. Avoiding distractions and following the law can help keep your insurance rates low.

The Role of Law Enforcement in Distracted Driving

Law enforcement officers are vigilant in enforcing distracted driving laws. They are trained to spot drivers who are texting or otherwise distracted. If you are pulled over for a traffic violation like distracted driving, it is important to cooperate with the officer and understand that these laws are in place to protect everyone on the road.

What to Do if You Get a Distracted Driving Ticket

If you receive a ticket for distracted driving in North Carolina, it’s important to address it immediately. Here are the steps you should take:

  1. Read the Ticket Carefully: Understand the charges and the fines associated with the ticket.
  2. Consider Legal Advice: Consult with an experienced traffic ticket attorney to understand your options and potential defenses.
  3. Pay the Fine or Contest the Ticket: Decide whether to pay the fine or contest the ticket in court. An attorney can help you make this decision.

Contact an Experienced North Carolina Traffic Ticket Attorney

The Johnston County traffic ticket attorneys at Reece & Reece are experienced in handling distracted driving cases. They can provide you with the guidance you need to navigate the legal system and help you achieve the best possible outcome for your case. Whether you wish to contest the ticket or need assistance with the consequences, Reece & Reece can offer the expertise and support you need.

Distracted driving is a serious issue in North Carolina. Understanding and following the state’s distracted driving laws is critical to ensure your safety and the safety of others on the road.

Remember, it’s illegal to text and drive, and doing so can lead to significant penalties. By staying focused and avoiding distractions, you can help make the roads safer for everyone. If you do receive a ticket for distracted driving, The Johnston County traffic ticket attorneys at Reece & Reece, Attorneys at Law can help build a strong case in your defense, improving the likelihood of getting your ticket dropped or reduced.

For more information or to schedule a consultation, contact Reece & Reece, Attorneys at Law at
(919) 300-1249 and learn how we can assist you. Drive safely and responsibly!

Categories: Traffic Infractions