Using a Cell Phone While Driving in New Jersey

Have you been cited for texting while driving?

Under N. J. S. A. 39:4-97.3 using an electronic device to communicate by talking, texting or otherwise is restricted in the following manner. The law provides that 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. The statute does not restrict use of a CB radio, or certain radios in commercial vehicles or hand held radios in emergency vehicles. The statue allows using a hand held wireless telephone when:

• 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.
• 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.

There is a mandatory $100 fine for violating this statute but no MVC or insurance eligibility points are assessed. Contact a New Jersey traffic ticket lawyer if you have been cited for using a hand held electronic device while driving contact us for the legal advice you need.

New Jersey Traffic Ticket Attorney

The Law Office of Allan Marain is available to provide experienced legal advice to those charged with traffic offenses in Middlesex, Mercer, Monmouth, Union and Somerset counties. Our informed legal counsel can help you resolve the charges you face in the best way possible.

This information provided above does not constitute legal advice, nor is it intended to suggest a likely outcome in a specific case. Legal principals and factual considerations that may be important in your case have not been included in the above discussion.

Contact a New Jersey traffic ticket lawyer for attentive representation if you are facing traffic charges.