New Jersey Cell Phone Ticket Lawyer (5 Star Client Reviews)

April 1, 2019

NEW JERSEY CELL PHONE TICKET LAWYER

In New Jersey, receiving a cell phone while driving
ticket can result in serious penalties. Anyone
convicted of using a cell phone while driving under N.J.S.A. 39:4-97.3 faces
hefty fines, motor vehicle points and even a loss of license. Therefore, it is important for anyone charged
with using a cell phone while operating a motor vehicle in New Jersey to
consult with an experienced New Jersey Cell Phone Ticket Lawyer.

Free Consultations Available – (908) 358-2938

The Sloan Law Firm handles receiving cell phone ticket charges and all other types of traffic offenses occurring in New Jersey. If you or a loved one has been charged with using a cell phone while driving and would like a free initial consultation to discuss the case, call: (908) 358-2938.

N.J.S.A. 39:4-97.3 Use of
wireless telephone, electronic communication device in moving vehicles;
definitions; enforcement.

1. a. The use of a wireless telephone or electronic
communication device by an operator of a moving motor vehicle on a public road
or highway shall be unlawful except when the telephone is a hands-free wireless
telephone or the electronic communication device is used hands-free, provided
that its placement does not interfere with the operation of federally required
safety equipment and the operator exercises a high degree of caution in the
operation of the motor vehicle. For the purposes of this section, an
“electronic communication device” shall not include an amateur radio.

Nothing in P.L.2003, c.310 (C.39:4-97.3 et seq.) shall
apply to the use of a citizen’s band radio or two-way radio by an operator of a
moving commercial motor vehicle or authorized emergency vehicle on a public
road or highway.

b. The operator of a motor vehicle may use a hand-held
wireless telephone while driving with one hand on the steering wheel only if:

The operator has reason to fear for his life or
safety, or believes that a criminal act may be perpetrated against himself or
another person; or

The operator is using the telephone to report to
appropriate authorities a fire, a traffic accident, a serious road hazard or
medical or hazardous materials emergency, or to report the operator of another
motor vehicle who is driving in a reckless, careless or otherwise unsafe manner
or who appears to be driving under the influence of alcohol or drugs. A
hand-held wireless telephone user’s telephone records or the testimony or
written statements from appropriate authorities receiving such calls shall be
deemed sufficient evidence of the existence of all lawful calls made under this
paragraph.

As used in this act:

“Citizen’s band radio” means a mobile
communication device designed to allow for the transmission and receipt of
radio communications on frequencies allocated for citizen’s band radio service
use.

“Hands-free wireless telephone” means a mobile
telephone that has an internal feature or function, or that is equipped with an
attachment or addition, whether or not permanently part of such mobile
telephone, by which a user engages in a conversation without the use of either
hand; provided, however, this definition shall not preclude the use of either
hand to activate, deactivate, or initiate a function of the telephone.

“Two-way radio” means two-way communications
equipment that uses VHF frequencies approved by the Federal Communications
Commission.

“Use” of a wireless telephone or electronic
communication device shall include, but not be limited to, talking or listening
to another person on the telephone, text messaging, or sending an electronic
message via the wireless telephone or electronic communication device.

c. (Deleted by amendment, P.L.2007, c.198).

d. A person who violates this section shall be fined as
follows:

for a first offense, not less than $200 or more
than $400;

for a second offense, not less than $400 or more
than $600; and

for a third or subsequent offense, not less than
$600 or more than $800.

For a third or subsequent violation, the court, in its
discretion, may order the person to forfeit the right to operate a motor
vehicle over the highways of this State for a period of 90 days. In addition, a
person convicted of a third or subsequent violation shall be assessed three
motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43
(C.39:5-30.5).

A person who has been convicted of a previous violation
of this section need not be charged as a second or subsequent offender in the
complaint made against him in order to render him liable to the punishment
imposed by this section on a second or subsequent offender, but if the second
offense occurs more than 10 years after the first offense, the court shall
treat the second conviction as a first offense for sentencing purposes and if a
third offense occurs more than 10 years after the second offense, the court
shall treat the third conviction as a second offense for sentencing purposes.

e. Except as provided in subsection d. of this section,
no motor vehicle penalty points or automobile insurance eligibility points
pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for
this offense.

f. The Chief Administrator of the New Jersey Motor
Vehicle Commission shall develop and undertake a program to notify and inform
the public as to the provisions of this act. Notwithstanding the provisions of
R.S.39:5-41, the fines assessed pursuant to subsection d. of this section shall
be collected by the court and distributed as follows: 50 percent of the fine
imposed shall be paid to the county and municipality wherein the violation
occurred, to be divided equally, and 50 percent of the fine imposed shall be
paid to the State Treasurer, who shall allocate the fine monies to the chief
administrator to be used for this public education program, which shall include
informing motorists of the dangers of texting while driving.

g. Whenever this section is used as an alternative
offense in a plea agreement to any other offense in Title 39 of the Revised
Statutes that would result in the assessment of motor vehicle points, the
penalty shall be the same as the penalty for a violation of section 1 of
P.L.2000, c.75 (C.39:4-97.2), including the surcharge imposed pursuant to
subsection f. of that section, and a conviction under this section shall be
considered a conviction under section 1 of P.L.2000, c.75 (C.39:4-97.2) for the
purpose of determining subsequent enhanced penalties under that section.

New Jersey Cell Phone Ticket Lawyer – (908) 358-2938

The Sloan Law Firm provides aggressive and experienced legal defense to anyone charged with using a cell phone while driving and other traffic offenses in New Jersey. If you or a loved one has been charged with using a cell phone while operating a motor vehicle under N.J.S.A. 39:4-97.3 and would like to discuss the charge with a New Jersey Cell Phone Ticket Lawyer, please do not hesitate to contact the Sloan Law Firm at: (908) 358-2938. The initial consultation is always free. We are available 24/7.

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