We probably do not want to admit it, but roughly 80 percent of us have used our cell phones while driving. More than an embarrassment, getting caught by police can result in hefty fines. If you have received tickets for talking or texting while driving, please read on, then contact a skilled Bergen County, NJ cell phone violation attorney to learn what you should know about cell phone violations in New Jersey.
What you should know about cell phone violations in New Jersey
In New Jersey, the penalties for cell phone violations will depend on the number of times, if any, you have previously committed this offense. The penalties are as follows:
First offense:
Second offense:
Third offense:
- $600 to $800 fine
- Suspension of driving privileges for up to 90 days
- 3 points on your license
In order to count as a second, third or subsequent offense, each instance must occur within the same 10 year period.
Do you have to go to court for a cell phone ticket in New Jersey?
Yes, every ticket now requires a court appearance. However, if your offense is listed on the Statewide Violations Bureau schedule and the officer did not check the “Court Appearance Required” box, you can simply pay the fine without an appearance if you intend to plead guilty.
Can you fight a cell phone ticket in New Jersey?
The easiest way to fight a New Jersey cell phone ticket is to prove that your vehicle was not moving at the time the violation occurred. If your vehicle was not moving, your use of an electronic device does not fall under the umbrella of the state’s cell phone law. To do this, you should reach out to a skilled Bergen County, NJ traffic ticket attorney who will accompany you to court and argue your case before a judge. He or she can also draft a letter declaring your innocence. If nothing else, a qualified legal representative can help you negotiate with the prosecutor to reduce the charges. None of this will be easy, because the courts will not simply take your word. Furthermore, should you fail, these violations will stay on your record for a minimum of 36 months. For insurance purposes, traffic convictions last three years. Do not go it alone. Call us today.
Contact our Firm
The Law Offices of Richard E. Novak, LLC has over 25 years of experience helping clients through tough times when they need it most. If you need assistance with any intellectual property, traffic violations, or business law matters, our firm is here to help. It is critical that you pick the right attorney who can protect your rights.Contact The Law Offices of Richard E. Novak, LLCfor a consultation.
I am an expert in traffic laws and regulations, particularly in the context of cell phone violations. My knowledge is backed by extensive experience and a deep understanding of the legal implications surrounding the use of cell phones while driving.
Now, let's delve into the key concepts mentioned in the article:
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Cell Phone Violations in New Jersey:
- The penalties for cell phone violations in New Jersey vary based on the number of offenses:
- First offense: $200 to $400 fine
- Second offense: $400 to $600 fine
- Third offense: $600 to $800 fine
- Additionally, there can be a suspension of driving privileges for up to 90 days and 3 points on the driver's license.
- It's important to note that for an offense to count as a second, third, or subsequent offense, each instance must occur within the same 10-year period.
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Court Appearance for Cell Phone Tickets:
- Every cell phone ticket in New Jersey now requires a court appearance.
- However, if the offense is listed on the Statewide Violations Bureau schedule and the officer did not check the "Court Appearance Required" box, you can pay the fine without appearing in court if pleading guilty.
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Fighting a Cell Phone Ticket in New Jersey:
- One way to fight a cell phone ticket is to prove that the vehicle was not moving at the time of the violation.
- Seeking assistance from a skilled traffic ticket attorney, particularly one in Bergen County, NJ, is recommended. An attorney can argue your case in court, draft a letter declaring your innocence, and help negotiate with the prosecutor to potentially reduce charges.
- Successfully fighting the ticket is crucial, as violations can stay on your record for a minimum of 36 months.
-
Legal Assistance:
- The Law Offices of Richard E. Novak, LLC, with over 25 years of experience, is highlighted as a resource for those needing assistance with intellectual property, traffic violations, or business law matters.
- The article emphasizes the importance of choosing the right attorney to protect your rights and encourages contacting the law firm for a consultation.
Understanding these concepts is crucial for anyone dealing with cell phone violations in New Jersey, and seeking legal advice from a qualified attorney is strongly recommended.
FAQs
Cell Phone Violations in NJ
First Offense: Fine between $200 and $400. Second Offense: Fine between $400 and $600.
What is the fine in NJ for violating the cell phone laws? ›
Cell Phone Violations in NJ
First Offense: Fine between $200 and $400. Second Offense: Fine between $400 and $600.
How many points is a cell phone ticket in New Jersey? ›
Should I plead guilty to a cell phone ticket in NJ? ›
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.
Is a cell phone ticket court mandatory in NJ? ›
In 2004, NJ became only the second state in U.S. history to make it against the law to use a cell phone while driving. Four years later, the state of New Jersey made it so that police officers can consider these violations a primary offense and require a court appearance in NJ .
Does cell phone ticket affect insurance in NJ? ›
Drivers in Maryland, Nevada, New Jersey, New York, West Virginia, and Vermont can be penalized with points on their driving record for cell phone tickets. Drivers with multiple points could pay up to 80% more for car insurance.
Is it illegal to talk on the phone while driving 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. Driving requires your full attention.
Will 2 points affect my insurance in NJ? ›
The points that your state's DMV assigns to your license don't directly affect your insurance rates. That's because companies don't figure the amount of points on your license into how much your insurance costs, but they do consider any violations or accidents on your record.
How long do points stay on your license in NJ? ›
Points stay on your license indefinitely in New Jersey, and accumulating more than 12 points will result in a suspended license. However, you can earn point reductions by taking driving courses approved by the NJ Motor Vehicle Commission or by staying violation-free for one year.
Can you use your phone at a red light in NJ? ›
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.
The conditions for using text messages in court adhere to New Jersey's rules of evidence, as follows: Relevance: The text message must be directly related to the issue before the court. Authenticity: Text messages must be authentic, meaning you must show that the party sent and received the messages.
What is the 39 4-97.3 violation in NJ? ›
39:4-97.3. This statute outlaws the use of a wireless or electronic communication device by an operator of a moving vehicle unless it is one of the following: The device is hands-free and does not interfere with safety equipment. The driver must also exercise a high degree of caution.
Is it worth fighting a cell phone ticket in NY? ›
Fighting an Electronic Device Ticket
Having the ticket dismissed can save you a lot of money. Just because you have received a cell phone or device ticket, it doesn't mean that you are guilty You have the right to fight your ticket. While this can be difficult, a qualified New York traffic attorney can help.
Can I just pay my ticket and not go to court NJ? ›
If you pay without going to court, you will be pleading guilty and giving up your right to a lawyer and your right to a trial.
What is a 39 4 67 violation in NJ? ›
Section 39:4-67 - Obstructing passage of other vehicles or street cars prohibited; clearance of intersections.
Why are cell phones not allowed in court? ›
Most courts prohibit the recording of court proceedings unless, at the very least, notice has been provided to the court. Additionally, there are concerns that a cell phone could conceal a weapon, such as a blade, or that a firearm might be designed to look like a cell phone.
What is the fine for texting and driving in New Jersey? ›
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 the 39 4 97.3 violation in NJ? ›
39:4-97.3. This statute outlaws the use of a wireless or electronic communication device by an operator of a moving vehicle unless it is one of the following: The device is hands-free and does not interfere with safety equipment. The driver must also exercise a high degree of caution.
What is the no contact law in New Jersey? ›
What is a No Contact Order in New Jersey? A "no contact" order, unlike a temporary or final restraining order, is related to criminal charges, rather than a civil proceeding. In most cases, a no contact order is imposed as a condition of bail.
What is the fine for a motorists who violates New Jersey move over law? ›
A violation of this section shall be punished by a fine of not less than $100 and not more than $500.
