39:4-97.3 Operating Motor Vehicle while Using Cellphone

Effective July 1, 2014, 39:4-97.3 imposes increased fines for first, second and subsequent offenses of talking on a hand-held wireless telephone or texting a message with a hand-held wireless electronic communication device while driving. Specifically, 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. Under the provisions of this bill, all fines collected are to be paid to the State Treasurer for allocation to the Chief Administrator of the Motor Vehicle Commission (MVC) for use in the MVCs public education program on this offense, which will include informing motorists of the dangers of texting while driving.         However, it is usually not cost effective to hire an attorney. This law office's legal fee for trials is $2,000 For information regarding points or surcharges contact the Motor Vehicle Commission. For information about car insurance eligibility and points contact your car insurance company or the New Jersey Department of Insurance. 1. a. The use of a wireless telephone 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, 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. 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, 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. Use of a wireless telephone shall include, but not be limited to, talking or listening to another person on the telephone. c. Enforcement of this act by State or local law enforcement officers shall be accomplished only as a secondary action when the operator of a motor vehicle has been detained for a violation of Title 39 of the Revised Statutes or another offense. d. A person who violates this section shall be fined no less than $100 or more than $250. e. No motor vehicle 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. f. The 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.