Cell phone violations are one of the most commonly cited driving offenses in NJ. The tickets themselves can be quite costly and are often give in conjunction with other tickets, such as Careless Driving. Cell phone driving tickets in NJ are governed by N.J.S.A. 39:4-97.3. Clients are most often given a few tickets in addition to the cell phone charge. A NJ Traffic Ticket lawyer can be of great help, eliminating your cell phone ticket, or significantly reducing the penalties to you, especially if you several charges. Call today for a free consultation.
What are the Penalties?
1st Offense:
- $200 - $400 Fine + Court Costs;
2nd Offense:
- $400 - $600 Fine + Court Costs;
Third and Subsequent Offenses:
- $600 - $800 Fine + Court Costs;
- 3 Motor Vehicle Points;
- Possible 90 Day Driver’s License Suspension.
*After 10 years with no cell phone violations, a 3rd offense will count as a 2nd, and a 2nd a 1st. For a full reading of NJ’s distracted driver law, please see the bottom of this page.
Frequently Asked Questions:
I have a CDL (Commercial Driver’s License), how do NJ traffic tickets affect me?
Cell phone violations generally won’t hurt CDL driver’s more than regular drivers. This depends upon what ticket / summons you were cited, however. As a CDL driver, it is important to note that even certain driving offenses committed while driving your personal vehicle, can affect your commercial driver’s license; this is especially so with Drug and DUI / DWI charges.
For a fuller listing of penalties related to certain NJ traffic offenses for CDL drivers, see here.
I wasn’t actually on the phone or even touching my phone, how do I fight the charge?
These tickets are extraordinarily hard to fight. The only proof generally available is call records from your phone company, screen shots of your phone showing no texts or calls were made in the time in question, and testimony by a defendant themselves. Unfortunately, our legal system is set up where Judges generally believe a police officer's testimony over a defendant's, even when these proofs are presented to the Court. Nevertheless, our Cell Phone Ticket Lawyers have great success in keeping you safe from some of the consequences of a NJ cell phone ticket.
What am I allowed to use my cell phone for while driving?
According to the statute, one may use a cell phone only hands free, and to activate, deactivate, or initiate a function of the phone. Technically, should mean that you are allowed to hit buttons to place a call, so long as you put the phone down after it starts ringing.
You also are allowed to use the phone to call for emergency assistance such as the police, ambulance, or fire department.
Can I just plead guilty to the cell phone ticket?
As with any traffic ticket, you can always plead guilty and get it over with. As with any ticket, however, you will still be liable for the penalties assessed against you. As such, and especially if you have been given multiple summonses, it is always a good idea to contact an experienced NJ Cell Phone Ticket Lawyer prior to making any decisions.
The following is a copy of New Jersey’s Driving while Using a Cell Phone Law, N.J.S.A. 39:4-97.3:
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:
(1) 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
(2) 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:
(1) for a first offense, not less than $200 or more than $400;
(2) for a second offense, not less than $400 or more than $600; and
(3) 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.