Wednesday, January 27, 2016
Cell phone ticket penalties increased
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.