Reviewed By: Personal Injury Team Last Updated: June 29, 2026
Yes!
A police officer can ticket you for using a handheld phone at a red light or stop sign in South Carolina, but there’s a specific exception. The new South Carolina Hands-Free and Distracted Driving Act, which took effect on September 1, 2025, prohibits a driver from holding or supporting a mobile device with any part of their body. However, the law specifically states that it does not apply to a driver who is “lawfully parked or stopped.”
This means that while the spirit of the law is to prevent distracted driving at all times, the letter of the law in South Carolina provides a specific exception for using a mobile device when your vehicle is completely stopped, such as at a red light or stop sign.
That said, it is still extremely risky behavior that can lead to accidents. Looking at a screen reduces your situational awareness, and the moment the light changes, you must immediately put the device down.
Distracted Driving in South Carolina: A Quick Look
The issue of distracted driving is a significant concern in South Carolina. According to the South Carolina Department of Public Safety (SCDPS), the state averages two crashes every hour involving a distracted driver. This alarming statistic highlights the constant danger posed by inattentive drivers on South Carolina’s roads.
- Major cause of crashes: The South Carolina Department of Public Safety states that distracted or inattentive driving plays a significant role in over 20,000 vehicle crashes annually in the state SCDPS.
- Common Crash Types: Distracted driving often leads to preventable accidents, such as rear-end collisions.
- Prevalence: While many assume distracted driving is primarily a problem for young drivers, statistics show that distracted driving-related crashes happen across all age groups.
- 2019 distracted driving incidents: According to the National Highway Traffic Safety Administration, in 2019, nearly 19,000 collisions involved drivers who were not fully focused—18,936 to be exact.
- Teen driver risk: Data show that a teenage driver in South Carolina either injures or kills someone in a crash every 1.4 hours.
- Crash frequency involving distraction: That same year, crashes involving distracted drivers happened at a rate of about two per hour.
- Danger of texting vs. drunk driving: Texting while driving is up to six times more dangerous than driving under the influence.
- “Eyes closed” driving analogy: Research shows that at a speed of 55 mph, reading just one text equates to driving the length of a football field while blindfolded.
- Nationwide context (for perspective): According to the SC Department of Insurance, Across the U.S., distracted driving contributes to about 10% of all fatal crashes, causing approximately 3,500 deaths per year.
It’s Not Worth Your Safety, Simply Keep Your Hands on the Wheel and Eyes on the Road
Knowing and following South Carolina’s new rules about hands-free driving is crucial for keeping yourself and others safe. By staying aware and making smart choices, you can prevent accidents and avoid expensive fines.
The grace period for the new law, during which law enforcement will only issue warnings, is in effect until February 2026. After that, violations can lead to a $100 fine for a first offense and a $200 fine plus two points on your license for a second offense within three years.
Remember, no message or alert is worth the risk. Keep your attention on the road.
If you are unfortunately involved in an accident with a distracted driver, don’t worry, Hoffman Law Firm can help!
Our personal injury law firm proudly advocates for accident victims throughout the Palmetto State. As the locals’ trusted personal injury law firm, we have extensive experience handling a wide range of cases.
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For More on South Carolina Traffic Laws:
- South Carolina Department of Public Safety: Hands-Free Act
- South Carolina Department of Public Safety: Distracted Driving
- Do I Lose SC Driver License Points for Driving & Using My Phone?
- How Many SC Driver License Points Do I Lose After an Auto Wreck?
- What Should I Do When a Street Light Goes Out?
FAQs
Does South Carolina have a Hands-Free Law?
Yes. South Carolina’s Hands-Free and Distracted Driving Act took effect on September 1, 2025. It makes it illegal for drivers to hold a handheld phone or other mobile device while operating a vehicle.
Can I talk on the phone while driving in South Carolina?
Yes, but you must use hands-free equipment. The law prohibits drivers from holding a phone with their hand or any part of their body. You can use Bluetooth, a headset, or speaker mode to make or take a call as long as you are not holding the device.
Am I allowed to hold my phone while driving in South Carolina?
No. The Hands-Free and Distracted Driving Act bans drivers from holding a phone or mobile device while behind the wheel. It also forbids texting, typing messages, watching videos, or recording video clips while driving.
Can the police ticket me for using my phone at a stoplight in South Carolina?
No, not if your vehicle is completely stopped. The law explicitly states that it does not apply to a driver who is “lawfully parked or stopped.” However, as soon as your vehicle begins to move, you are subject to the law.
Sources
- S.C. Code § 56-5-3890 – South Carolina Hands-Free and Distracted Driving Act: The official state statute enacted by the General Assembly that dictates full handheld mobile electronic device bans, establishes specific statutory exceptions for vehicles that are “lawfully parked or stopped,” and establishes the tiered assessment of moving violation points.
- SCDPS Hands Free SC Portal: The dedicated traffic safety platform and educational archive hosted by the South Carolina Department of Public Safety documenting regional distracted driving trends, crash statistics, and enforcement timelines across the state.
- Office of the Governor – H. 3276 Enactment Executive Record: Executive data and administrative mandates accompanying the final execution of the South Carolina Hands-Free Act, outlining the formal transition from initial warning guidelines to full municipal citation penalties.
Learn More About Traffic Laws and Car Accidents in Charleston
- Wondering how points from a cell phone ticket alter your driving profile? Review our detailed breakdown of code penalties and license suspensions in Understanding the South Carolina Driver License Point System.
- What happens if a distracted driver causes you to crash without striking your bumper? Discover your legal options under state rules in Proving Fault and Liability in Phantom Driver Non-Collision Accidents.
- Ready to have a local professional protect your civil injury claim? Learn how our legal team builds bulletproof evidence files and requests a zero-obligation review. Reach our experienced local injury law & trial lawyers at Hoffman Law Firm. Offering Contingency Fee Structure ($0 Upfront Fee)—meaning you pay absolutely nothing unless we successfully win your case. Free consultation available.
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