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39:4-97.3 Operating Motor Vehicle while Using Cellphone

3rd Cell phone use includes possible 90 day loss of license

      Starting back on July 1, 2014, the fines for talking or texting on a hand-held wireless communications device were increased.

 39:4-97.3 d.width=32A person who violates this section shall be fined as follows:

 width=32(1)width=32for a first offense, not less than $200 or more than $400 plus court costs and possible court appearance;

 width=32(2)width=32for a second offense, not less than $400 or more than $600 plus court costs; and

 width=32(3)width=32for a third or subsequent offense, not less than $600 or more than $800 plus court costs .

 width=32For 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).

 width=32A 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.

         A person can hire an attorney to negotiate no loss of license on a 3rd offense. It is not cost effective to hire an attorney on the first or 2nd offense.

 

         The full statute is below

39:4-97.3width=12  Use of wireless telephone, electronic communication device in moving vehicles; definitions; enforcement.

width=321. 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.

 

width=32Nothing 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.

 

width=32b.width=32The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:

 

width=32(1)width=32The 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

 

width=32(2)width=32The 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.

 

width=32As used in this act:

 

width=32Citizen'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.

 

width=32Hands-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.

 

width=32Two-way radio means two-way communications equipment that uses VHF frequencies approved by the Federal Communications Commission.

 

width=32Use 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.

 

width=32c.width=32(Deleted by amendment, P.L.2007, c.198).

 

width=32d.width=32A person who violates this section shall be fined  as follows:

 

width=32(1)width=32for a first offense, not less than $200 or more than $400;

 

width=32(2)width=32for a second offense, not less than $400 or more than $600; and

 

width=32(3)width=32for a third or subsequent offense, not less than $600 or more than $800 .

 

width=32For 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).

 

width=32A 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.

 

width=32e. 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.

 

width=32f.width=32The 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.

 

width=32g.width=32Whenever 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.


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year
Minimum Mandatory Fines, Points, Jail and Penalties Relating to Selected Motor Vehicle Offenses
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Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Dont give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

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