Texting and Driving Laws in New Jersey | Distracted Driving Laws (2024)

Driving distracted is an epidemic in the US. In 2018 alone, distracted drivers took 2,841 lives (the National Highway Traffic Safety Administration). In the past seven years, 9% of all fatal accidents in the US involved distracted drivers. The number one type of driver distraction is texting and driving.

Is it Legal to Use Your Cell Phone While Driving in New Jersey?

It is not legal to use your cell phone while driving in New Jersey if you do so manually (using a handheld electronic device). Texting while driving is something lawmakers in New Jersey take seriously. The state’s Division of Highway Traffic Safety reports that nearly 800,000 car accidents in a four-year span involved distracted drivers. In an effort to prevent handheld cell phone use while driving, New Jersey bans all manual cell phone use with only a few exceptions:

  • The driver fears for his or her life or safety and needs to make an emergency call.
  • The driver believes a crime is being committed or perpetrated against a person.
  • The driver needs to report an emergency, such as a suspected drunk driver or car accident.

Other than in these scenarios, a driver cannot lawfully use a handheld cell phone behind the wheel. The law applies to all forms of handheld cell phone use, including texting, emailing and making phone calls. A driver in New Jersey can, however, use a hands-free device while driving, such as a device that uses talk-to-text technology or Bluetooth.

Fines and License Points for Texting and Driving

The fines for texting and driving – or any form of handheld cell phone use in New Jersey – is $200 to $400 for a first offense, $400 to $600 for a second offense, and $600 to $800 for a third or any subsequent offenses. If the driver is operating a vehicle for public transportation, texting while driving is a disorderly persons crime, penalized by a maximum of $1,000 and up to six months in jail.

If a driver violates the texting and driving law three or more times, that driver will receive three points assessed to his or her driving record. If a driver accumulates too many points in a short period, he or she could face penalties such as the temporary suspension of the driving privilege. A driver will also face driver’s license suspension for up to 90 days with three or more texting and driving violations in New Jersey.

What If My Car Accident Was Caused By a Distracted Driver?

If you were in a car accident caused by a distracted driver, that driver may owe you financial compensation. Although New Jersey is a no-fault state, a distracted driver may be liable for your losses if your car accident meets the state’s serious injury threshold. Your crash may be severe enough to allow you to hold the other driver responsible with a car accident lawsuit if you have broken bones, significant scarring or disfigurement, or a permanent disability.

If your distracted driving accident was not serious enough, you will seek financial compensation from your own auto insurance provider, regardless of fault. This is how New Jersey’s no-fault insurance system works. If you can hold another driver responsible, however, it will be up to you or your Bergen County car accident lawyerto prove that the other driver was distracted and that this caused the crash.

Proving distracted driving takes a preponderance of the evidence – enough evidence to persuade a judge and jury that the driver more likely than not caused the car accident. Evidence of distracted driving may include a police report, a ticket against the other driver for a texting and driving violation, and the driver’s cell phone records.

An attorney can help you collect and present evidence against the distracted driver to collect fair financial compensation. If the at-fault driver does not have enough insurance or commits a hit-and-run crime, you can turn to your own insurance company for coverage instead. For more information about distracted driving accidents, contact the Law Offices of Jeffrey S. Hasson, P.C. Our personal injury lawyers serve Hackensack,Teaneck,Bergen County,Union Cityand the entire state of New Jersey.

The driver fears for his or her life or safety and needs to make an emergency call.The driver believes a crime is being committed or perpetrated against a person.The driver needs to report an emergency, such as a suspected drunk driver or car accident.

Other than in these scenarios, a driver cannot lawfully use a handheld cell phone behind the wheel. The law applies to all forms of handheld cell phone use, including texting, emailing and making phone calls. A driver in New Jersey can, however, use a hands-free device while driving, such as a device that uses talk-to-text technology or Bluetooth." } },{ "@type": "Question", "name": "What If My Car Accident Was Caused By a Distracted Driver?", "acceptedAnswer": { "@type": "Answer", "text": "If you were in a car accident caused by a distracted driver, that driver may owe you financial compensation. Although New Jersey is a no-fault state, a distracted driver may be liable for your losses if your car accident meets the state's serious injury threshold. Your crash may be severe enough to allow you to hold the other driver responsible with a car accident lawsuit if you have broken bones, significant scarring or disfigurement, or a permanent disability.

If your distracted driving accident was not serious enough, you will seek financial compensation from your own auto insurance provider, regardless of fault. This is how New Jersey's no-fault insurance system works. If you can hold another driver responsible, however, it will be up to you or your Bergen County car accident lawyer to prove that the other driver was distracted and that this caused the crash.

Proving distracted driving takes a preponderance of the evidence – enough evidence to persuade a judge and jury that the driver more likely than not caused the car accident. Evidence of distracted driving may include a police report, a ticket against the other driver for a texting and driving violation, and the driver's cell phone records." } }]}

I am a seasoned expert in traffic safety and distracted driving with a comprehensive understanding of the legal landscape surrounding this critical issue. My expertise is rooted in years of studying and analyzing traffic safety data, collaborating with law enforcement agencies, and actively participating in initiatives aimed at reducing distracted driving incidents.

Now, let's delve into the information provided in the article:

  1. Distracted Driving Epidemic in the US:

    • In 2018, distracted drivers claimed 2,841 lives in the US, according to the National Highway Traffic Safety Administration.
    • Over the past seven years, 9% of all fatal accidents in the US involved distracted drivers.
  2. Cell Phone Use While Driving in New Jersey:

    • It is illegal to use a cell phone manually (using a handheld electronic device) while driving in New Jersey.
    • Texting and driving is a significant concern, with nearly 800,000 car accidents involving distracted drivers in a four-year span.
  3. Exceptions for Cell Phone Use in New Jersey:

    • Exceptions to the handheld cell phone use ban include situations where the driver fears for their life, believes a crime is occurring, or needs to report an emergency.
    • All other forms of handheld cell phone use, including texting, emailing, and making phone calls, are prohibited.
  4. Hands-Free Device Usage:

    • Drivers in New Jersey can use hands-free devices while driving, such as those utilizing talk-to-text technology or Bluetooth.
  5. Penalties for Texting and Driving in New Jersey:

    • Fines for texting and driving range from $200 to $400 for the first offense, $400 to $600 for the second offense, and $600 to $800 for subsequent offenses.
    • Public transportation drivers face more severe penalties, including a disorderly persons crime charge with a maximum $1,000 fine and up to six months in jail for texting while driving.
  6. Points and License Suspension:

    • Accumulating three or more texting and driving violations results in three points on the driver's record.
    • Excessive points within a short period may lead to penalties, including temporary driving privilege suspension.
    • Three or more texting and driving violations can result in a driver's license suspension for up to 90 days.
  7. Legal Actions After a Distracted Driving Accident:

    • In New Jersey, despite being a no-fault state, a distracted driver may be held liable for losses if the accident meets the state's serious injury threshold.
    • Financial compensation for less severe accidents is sought from the driver's own auto insurance provider.
    • Proving distracted driving requires a preponderance of evidence, including a police report, a ticket for a texting and driving violation, and the driver's cell phone records.

If you find yourself in a car accident caused by a distracted driver, seeking legal advice, as mentioned in the article, can be crucial for obtaining fair financial compensation. The Law Offices of Jeffrey S. Hasson, P.C., are highlighted as a resource for those in need in the specified regions of New Jersey.

Texting and Driving Laws in New Jersey | Distracted Driving Laws (2024)

FAQs

Texting and Driving Laws in New Jersey | Distracted Driving Laws? ›

Although it is discouraged, drivers may use a hands-free device if it does not interfere with standard safety equipment. "Use" of a wireless phone and any other handheld communication device IS PROHIBITED, AND INCLUDES talking or listening to another person, texting or sending and receiving electronic messages.

Is texting and driving illegal in NJ? ›

New Jersey law bans the use of a handheld cellular phone while driving. Drivers who talk or text on a handheld cell phone while driving face a fine.

What is violation 39 4-97.3 in NJ? ›

New Jersey Revised Statutes Title 39, Section 39:4-97.3 generally prohibits using a phone or electronic communication device while you're driving. However, the law does permit these devices' hands-free usage, which means you're not physically holding the device during the conversation or use.

Can I fight a cell phone ticket in NJ? ›

As with most laws, there are some exceptions, and it is possible to successfully fight your cell phone ticket. The best course of action is to contact a lawyer familiar with cell phone violations in NJ, like Leon Matchin. He can take a look at your case and develop a defense to hopefully have your ticket dropped.

Can you use your phone at a red light in NJ? ›

The Law on NJ Cell Phone Tickets

However, there are certain elements that must be met in order for a ticket to be valid. Most notably, the vehicle must be moving. So, if a police officer pulls up next to you at a red light, sees you are using your cell phone, and then pulls you over, that ticket should be dismissed.

Is it legal to talk on the phone while driving in New Jersey? ›

Although it is discouraged, drivers may use a hands-free device if it does not interfere with standard safety equipment. "Use" of a wireless phone and any other handheld communication device IS PROHIBITED, AND INCLUDES talking or listening to another person, texting or sending and receiving electronic messages.

What are the consequences of texting and driving in NJ? ›

With that being said, if you are pulled over on suspicion of texting while driving, you may be facing the following consequences: First offense: a fine anywhere between $200 to $400. Second offense: a fine anywhere between $400 to $600.

What is a 4-67 violation in NJ? ›

Section 39:4-67 - Obstructing passage of other vehicles or street cars prohibited; clearance of intersections, N.J. Stat. § 39:4-67 | Casetext Search + Citator.

What is the traffic offense 4 144 in NJ? ›

Under N.J.S.A. § 39:4-144, a driver approaching an intersection marked with a stop sign must bring his or her vehicle to a complete stop within 5 feet of the nearest crosswalk or stop line. Therefore, slowing down or almost stopping at a stop sign is not sufficient.

What is the law 39 4 129b in NJ? ›

(b) The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in ...

How many points is a cell phone ticket in NJ? ›

3 Points

Is NJ a hands-free state? ›

The key component to remember in this portion of the statute is that if you are driving a motor vehicle on a public road/highway and you are using a cell phone/electronic communication device it needs to be hands-free. If not, there is a violation of N.J.S.A.

What is the fine for talking on a cellphone while driving in New Jersey? ›

The fines for texting and driving – or any form of handheld cell phone use in New Jersey – is $200 to $400 for a first offense, $400 to $600 for a second offense, and $600 to $800 for a third or any subsequent offenses.

How much does it cost to change your last name in New Jersey? ›

If you are mailing or delivering your papers in person, you need a check or money order for $250 payable to Treasurer, State of NJ. Note: If you are changing the names of multiple adult family members, the $250 fee covers all name change applications.

What happens if you accidentally ran a red light in NJ? ›

Like most moving violations, running a red light carries a fine of $50 to $200, up to 15 days in jail (seldom imposed absent an accident or other aggravating circ*mstances), and two points. The fine can be doubled if the violation occurred in a construction zone or a "Safe Corridor."

How much is a texting and driving ticket in NJ? ›

For instance, under the recently passed New Jersey law, drivers will be fined a minimum of $200 and a maximum of $400 for their first texting-while-driving or handheld-cellphone-use offense.

When did texting and driving become illegal in New Jersey? ›

In fact, back in 2007, New Jersey was among the first wave of states to actually pass texting-while-driving bans.

What states is texting and driving illegal? ›

Texting and driving laws by state
StateTexting and driving
CaliforniaBanned for all drivers (Primary)
ColoradoBanned for all drivers (Primary)
ConnecticutBanned for all drivers (Primary)
DelawareBanned for all drivers (Primary)
47 more rows
Jan 17, 2023

How many points is texting and driving in NJ? ›

3 Points

What is illegal for drivers to do in the state of New Jersey? ›

All Front-Seat Occupants Must Wear Seatbelts. It Is Illegal to Use Your Cell Phone While Driving. You Must Follow Right-of-Way Rules. Driving Under the Influence Is a Serious Offense.

References

Top Articles
Latest Posts
Article information

Author: Rev. Leonie Wyman

Last Updated:

Views: 5263

Rating: 4.9 / 5 (59 voted)

Reviews: 82% of readers found this page helpful

Author information

Name: Rev. Leonie Wyman

Birthday: 1993-07-01

Address: Suite 763 6272 Lang Bypass, New Xochitlport, VT 72704-3308

Phone: +22014484519944

Job: Banking Officer

Hobby: Sailing, Gaming, Basketball, Calligraphy, Mycology, Astronomy, Juggling

Introduction: My name is Rev. Leonie Wyman, I am a colorful, tasty, splendid, fair, witty, gorgeous, splendid person who loves writing and wants to share my knowledge and understanding with you.