Cell phone ticket penalties NJ 3rd offense

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. More details at http://www.njlaws.com/39_4-97_3cellphone.htm





39:4-97.3 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 plus court costs and possible court appearance;



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



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



 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.

 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

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

 1. 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 .

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