A new South Carolina law outlaws the use of handheld mobile electronic devices while driving. Taking effect on September 1st, 2025, the South Carolina Hands-Free and Distracted Driving Act aims to raise awareness and decrease the number of accidents caused by distracted driving.
According to the South Carolina Department of Public Safety (SCDPS), a mobile electronic device refers to:
- Cellular telephones
- Portable computers
- Electronic games
- Other similar items
Under the Hands-Free law, drivers may NOT:
- Watch motion such as a video, game, or movie
- Construct, read, or send texts or emails
- Interact with apps or websites.
- Hold or support a mobile device with any part of their body
Drivers are permitted to use devices under certain conditions, including when they are:
- Lawfully parked or stopped
- Using a device in voice-activated or hands-free mode
- Using a mobile device for audio content like navigation, music, or podcasts (without holding it)
- Reporting traffic accidents, hazardous conditions, or medical emergencies
- Law enforcement, firefighters, and emergency medical personnel performing official duties
- Using an earpiece for voice-based communication
- Wearing a device on the wrist for voice communication only
While this may sound like common sense to some, statistics show that more people than ever are driving distracted and consequently getting into devastating car crashes. Distracted driving is now the leading cause of automobile accidents, according to the National Highway Traffic Safety Administration (NHTSA). There is a strong need for the Hands-Free law, which seeks to encourage drivers to put the phone down and drive safely.
Why Distraction-Free Driving is so Important 
According to the NHTSA, there were 3,275 lives claimed in 2023 due to distracted driving. Many of these deaths could have been prevented. That’s why it is so important to make the choice to focus solely on driving every time you operate a motor vehicle and to keep your eyes on the road. Taking your eyes off the road for just five seconds could result in life-altering ramifications. At 55 mph, that’s the same as driving the length of an entire football field blindfolded.
According to the South Carolina Department of Insurance (SCDOI), in South Carolina alone, there were 18,936 collisions in 2019 due to distracted driving. South Carolina also frequently ranks in the top 10 for having the worst drivers, with one of the most common issues being distracted driving.
Drivers aged 15-20 had a higher percentage of distracted driving according to the Centers for Disease Control (CDC), which shows a need for awareness and focusing on informing teens and young adults about the dangers and consequences of distracted driving. Parents can play a part in saving young lives by leading by example and never driving distracted.
Penalties and Consequences of Violating the New Hands-Free Law
While there are many consequences to distracted driving, the worst and most detrimental is loss of life. This is an irreversible tragedy and has terrible effects on families and everyone involved. In order to prevent such tragedies, violations of the Hands-Free law can result in serious penalties.
In the first 180 days after the law goes into effect, only warnings will be issued. After this time period, your first offense will result in a $100 fine. The second offense and following offenses will result in a $200 fine as well as two points on the offender’s driving record.
Those holding a commercial driver’s license (CDL) face much higher consequences. Violations of the Hands-Free Law are classified as serious offenses under 49 CFR 383.51 – Disqualification of Drivers and South Carolina Code of Laws Section 56-1-2110. A CDL holder convicted of two disqualifying violations within a three-year period while operating a CMV may face a 60-day CDL disqualification imposed by the South Carolina Department of Motor Vehicles (SCDMV).
How to Prevent Distracted Driving
The first step in preventing distracted driving is acknowledging that once you enter a vehicle, as the driver, it is your responsibility to keep everyone inside safe. This means putting away your devices until the car is safely stopped. Focusing your eyes and ears on the road increases your reaction time, helps you to hear emergency sirens, and reduces the overall risk of collisions.
As mentioned previously, teens and young adults are at a very high risk of violating the Hands-Free law. School faculty and parents can influence students by spreading information on the dangers, talking to students about concerns, and even having them sign a pledge to engage in distraction-free driving always.
Remember, you are 90% more likely to have an accident when you are driving distracted, according to the NHTSA. Eliminate the risk and drive distraction-free.
Joye Law Firm Supports Hands-Free and Distracted Driving Act
Although you may be a stickler for distraction-free driving and always follow the rules, somebody out there is not, and you could end up facing the consequences of their actions.
At Joye Law Firm, we believe every client deserves justice, respect, and a team that will stand by them every step of the way. Since 1968, our attorneys have fought for accident victims across South Carolina, recovering over half a billion dollars in verdicts and settlements that helped families rebuild their lives. Here are a few examples of distracted driving cases our firm has handled:
- $1,245,000 settlement for a college student rear-ended by a commercial vehicle, leading to multiple surgeries over three years.
- Two $130,000 verdicts for a driver and their passenger who were rear-ended by a distracted driver, suffering back, knee, and shoulder injuries.
Call Joye Law Firm today at (888) 324-3100 or schedule a consultation online, and let our legal team help you protect what matters most.
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