Traffic

When won’t I get a ticket for using my cellphone while driving in SC?

Law enforcement across South Carolina will begin issuing citations to motorists caught using their cellphones while driving, under the state’s Hands-Free law.
Law enforcement across South Carolina will begin issuing citations to motorists caught using their cellphones while driving, under the state’s Hands-Free law. AP

Beware South Carolina motorists, as a new cellphone while driving law could cost you hundreds. But there are legal ways to use your cellphone without getting a ticket.

On Feb. 28, law enforcement officers throughout the state will begin issuing citations to motorists caught using their cellphones while driving. The new “Hands-Free” law took effect Sept. 1, 2025, with a 180-day warning period before tickets could be issued, according to the South Carolina Department of Public Safety.

Although the state’s previous texting-and-driving law prohibited drivers from using their cellphones to text while driving, the “Hands-Free” law provide tougher restrictions, according to the department.

Under the new law, drivers cannot hold or support a mobile device with any part of their body; use a mobile device to read, write or send texts, emails; or use any type of app or website; and watch motion on a mobile device, including videos, movies, games or voice call, according to the department.

Penalties for a first offense include a $100 fine while subsequent offenses will cost motorists $200 and two points on their driving record, the department said.

Those holding a commercial driver’s license should be extra mindful as two violations within a three-year period while operating a commercial motor vehicle could result a 60-day suspension of their CDL, according to the department.

There are, however, some exceptions to the new law, including when a driver is lawfully parked or stopped; using a device in a voice-activated or hands-free mode; using a cellphone’s audio for navigation, music or podcasts without holding it; reporting traffic accidents, hazardous conditions or medical emergencies; and law enforcement, firefighters and EMS while performing official duties, according to the department.

The law is aimed at preventing distracted driving, which occurs in three ways when a driver uses their cellphone, including visual (taking your eyes off the road), manual (taking your hands of the wheel) and cognitive (taking your mind off driving), according to the department.

Javon L. Harris
The State
Javon L. Harris is a crime and courts reporter for The State. He is a graduate of the University of Florida and the Thurgood Marshall School of Law at Texas Southern University. Before coming to South Carolina, Javon covered breaking news, local government and social justice for The Gainesville Sun in Florida. Support my work with a digital subscription
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