[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.mtllawfirm.com\/blog\/penalties-for-texting-and-driving\/#BlogPosting","mainEntityOfPage":"https:\/\/www.mtllawfirm.com\/blog\/penalties-for-texting-and-driving\/","headline":"What Are the Penalties for Texting and Driving in South Carolina?","name":"What Are the Penalties for Texting and Driving in South Carolina?","description":"In June 2014, South Carolina joined the majority of states in the country to ban texting and driving. This ban was initially welcomed as a positive as a sign that the legislature was addressing the rising problem of distracted driving. \u00a0At the same time, many people believe that...","datePublished":"2025-02-17","dateModified":"2025-08-19","author":{"@type":"Person","@id":"https:\/\/www.mtllawfirm.com\/blog\/author\/garylemel-user\/#Person","name":"Gary Lemel","url":"https:\/\/www.mtllawfirm.com\/blog\/author\/garylemel-user\/","identifier":10,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/647e6af1d8f8d5c50443a8d8194e4625254b579651867ac1e1355ca917ca0f6e?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/647e6af1d8f8d5c50443a8d8194e4625254b579651867ac1e1355ca917ca0f6e?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"McKinney, Tucker & Lemel","logo":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","width":387,"height":95}},"image":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/06\/text-and-drive.jpeg","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/06\/text-and-drive.jpeg","height":174,"width":261},"url":"https:\/\/www.mtllawfirm.com\/blog\/penalties-for-texting-and-driving\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=9Qe3vvHbFZQ#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=9Qe3vvHbFZQ","name":"Statute of Limitations for Personal Injury Cases in South Carolina - McKinney, Tucker & Lemel LLC","description":"For more information, please visit our website.\n\nMcKinney, Tucker & Lemel LLC - Rock Hill Personal Injury Attorneys\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/9Qe3vvHbFZQ\/default.jpg","https:\/\/i.ytimg.com\/vi\/9Qe3vvHbFZQ\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/9Qe3vvHbFZQ\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/9Qe3vvHbFZQ\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/9Qe3vvHbFZQ\/maxresdefault.jpg"],"uploadDate":"2025-02-18T00:38:34+00:00","duration":"PT2M49S","embedUrl":"https:\/\/www.youtube.com\/embed\/9Qe3vvHbFZQ","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA#Organization","url":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA","name":"MTL Law","description":"Here at McKinney, Tucker, & Lemel, LLC we are all about people. You are entrusting your lawyer with important and personal details about yourself and your life. You should feel comfortable as you work with your lawyer throughout a case. We respect this relationship and we are ready to be on your side because no one should have to handle a serious legal issue alone. We are here to help with a wide variety of cases including, personal injury, criminal defense, and family law.\n\nWe understand the stress of trying to keep your life on track while handling a serious case. Let us take up the legal burden so you can concentrate on recovering and moving forward. We have been helping the people of York & Lancaster counties since 1977 so you can count on us to have the experience and skill that you need.\n\nWe\u2019re ready to work for you.\n\nMcKinney, Tucker & Lemel LLC\nhttps:\/\/www.mtllawfirm.com\/\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848\n","logo":{"url":"https:\/\/yt3.ggpht.com\/fZ07nD6E0DI9r7Qgz3pwXXUaTWT3568T7H_3_d4P_QDAFhGpvP-h1jXuKIdZu29412BDVm5mu6c=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=9Qe3vvHbFZQ#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=9Qe3vvHbFZQ#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=9Qe3vvHbFZQ&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=9Qe3vvHbFZQ#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":26}]]},"about":["Distracted Driving"],"wordCount":1092,"articleBody":"In June 2014, South Carolina joined the majority of states in the country to ban texting and driving. This ban was initially welcomed as a positive as a sign that the legislature was addressing the rising problem of distracted driving. \u00a0At the same time, many people believe that the law simply doesn\u2019t go far enough to deter people from using their phones behind the wheel and causing serious\u00a0car accidents. For that reason, there is a vocal lobby seeking to have the legislature adopt tougher legislation.Here, we take a closer look at South Carolina\u2019s texting and driving law, including the penalties that people face if they violate the law. We also discuss current legislative proposals to expand the law to cover more distracted driving activity and impose stiffer fines.Is Texting and Driving Illegal in South Carolina?South Carolina\u2019s current ban on texting and driving is found at\u00a0S.C. Code \u00a7 56-5-3890. The law prohibits drivers of all ages from using a \u201cwireless communication device\u201d to compose, send or read a text while operating a motor vehicle on a public street or highway within the state.However, the law does not apply if you are:Lawfully parked or stoppedUsing a hands-free deviceTrying to get emergency assistanceSending or receiving data through a digital dispatch systemA public safety official in the performance of official dutiesUsing a GPS system.The law is considered to be a \u201cprimary\u201d ban. In other words, a police officer can pull over a driver for violating the law. However, the officer must have probable cause that the driver is texting while driving based on a \u201cclear and unobstructed view.\u201d The officer cannot seize and search the phone based solely on an alleged violation of this statute. \u00a0Once a stop is made, however, the usual standards apply for how an officer may expand the investigation.The penalties for a violation of the law are fairly mild. It is not a criminal offense. Instead, a driver faces a $25 civil fine. Additionally, a violation puts no points on the driver\u2019s record. As a result, a driver\u2019s auto insurance rates cannot go up due to a violation.What Types of Distracted Driving Laws Are Lawmakers Currently Proposing?Many people find South Carolina\u2019s current texting while driving ban to be problematic for several reasons.Common criticisms of South Carolina’s texting while driving ban are:It is too difficult to enforce.\u00a0With the seat belt law, an officer can see a driver and quickly determine whether he or she is wearing a seat belt. If the law banned all forms of electronic device use by drivers, it would be a similar situation. If the officer saw a driver holding a phone, the officer would have reason to stop the car. However, under the current law, an officer has to clearly see the person in the act of texting. This limits the actual use of the statute to make stops.The penalties are not severe enough.\u00a0Statutes such as this are designed to deter behaviors like the act of texting while driving. However, a mere $25 fine without any consequences in terms of one\u2019s driving record and auto insurance rates likely does little to stop people from texting when they are behind the wheel.It is too limited.\u00a0While texting while driving has been shown to be dangerous, talking on a phone while driving or using a phone to do things like watch video or surf the Internet are not addressed in the statute. These behaviors can pose as much risk as texting, possibly more.Because the of current law\u2019s shortcomings, efforts in South Carolina continue to press for tougher legislation. For instance, in 2019, several legislators have pushed\u00a0House Bill 3355, or the \u201cDriving Under the Influence of an Electronic Device (DUI-E) Act.\u201d The bill would amend S.C. Code \u00a7 56-5-3890 and make it illegal to use a hand-held electronic device for any reason, including talking or texting, unless it is for emergency reasons.The bill would also slightly strengthen the penalties. While a violation still would not be a criminal offense, and no points would go on the driver\u2019s record, the civil fine would increase from $25 to $200.According to\u00a0The State, 15 other states have enacted similar phone bans. In 13 of those states, traffic accident-related deaths dropped by at least 16 percent after the law took effect.Lawmakers debated H.B. 3355 on the House floor in March. It currently sits in the House Judiciary Committee. Unfortunately, many believe that the bill will not move forward, as has been the fate of other efforts to crack down on distracted driving in South Carolina in the past.What Are Other Consequences for Texting and Driving in South Carolina?On one hand, if you text while driving in South Carolina under current law, you will face no criminal penalties and only a $25 fine. On the other hand, you could still face serious consequences if you are distracted by a phone and cause an accident that results in the injury or death of another.In South Carolina, if another person acts negligently and causes you to suffer an injury or the wrongful death of a loved one, you can hold that person accountable through a lawsuit. If a violation of South Carolina\u2019s texting while driving ban causes an accident, then it could amount to negligence per se. In other words, the driver\u2019s negligence is presumed as a matter of law. \u00a0Even without a citation being issued, driving while distracted is a form of negligence that can be used as a basis for a lawsuit.In a texting accident claim, you could be eligible to recover compensation such as past and future medical expenses, lost income, diminishment of future earning ability, pain, suffering and more. A wrongful death claim would seek different types of damages, including funeral and burial expenses and the loss of a loved one\u2019s support and services.\ufeffGet Help from a Rock Hill Distracted Driving Accident AttorneyIf you believe that a texting driver caused an accident that injured you or caused the loss of a family member in Rock Hill or a nearby community, you should seek help from the experienced attorneys of\u00a0McKinney, Tucker & Lemel, LLC. We can conduct an immediate, thorough investigation of the crash and take aggressive action to pursue all compensation that you are due. To learn more, call or reach us online today and receive a consultation.Visit Our Rock Hill Car Accident Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.mtllawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Are the Penalties for Texting and Driving in South Carolina?","item":"https:\/\/www.mtllawfirm.com\/blog\/penalties-for-texting-and-driving\/#breadcrumbitem"}]}]