Legally speaking ...
New Jersey Cell Phone Law:
Its Simple - Don't Touch That Phone!!
By: Anthony V. Locascio, Esq
Recently, a loyal reader of The Journal approached me curious about the new cell phone law. Here's the deal: on Nov. 2, 2007, New Jersey passed the hands- free cell phone law. This law makes it illegal, throughout N.J., to use a cell phone while operating a motor vehicle, unless the driver uses, a hands-free option. Until this state-wide law was enacted, many, but not all, towns had their own similar laws. However the laws were difficult to enforce because a policeman could only issue a summons for violating the cell phone law if he stopped the driver for some other offense.
However the new law supersedes all other local similar laws and makes using a cell phone, while driving, a primary offense, which means, as of March 1, 2008 when this law goes into effect, a policeman can pull a driver over and issue a ticket simply because the driver is holding and using a cell phone. The penalty for holding and using a cell phone while driving is a $100 fine. That's the bad news. The good news is you don't receive any motor vehicle points against your license.
But its not always that simple: If however, you are also charged with other motor vehicle offenses that carry points and, as a result of a plea bargain, you plead guilty to a hands -free violation, the penalty is more significant:
1st offense:$50-$150 and $250.00 surcharge;
2nd offense:$100-$250 and $250.00 surcharge;
3rd offense( within a 5 year period) $200- $500 plus 4 points and $250.00 surcharge.
The law, however, does permit you to use one hand to "activate, deactivate, or initiate a function," and provides the following exceptions which permit you to use one hand on a cell phone, while driving with the other hand, if: (1) you are in fear for your "life or safety", (2) you "believe a criminal act may be perpetrated" against you or another, (3) you are reporting a "fire, a traffic accident, a serious road hazard, or medical or hazardous materials emergency," or (4) you are reporting that another driver is driving "in a reckless, careless or otherwise unsafe manner" or appears to be driving " under the influence of alcohol or drugs."
Therefore , after March 1,2008, the best advice with respect to holding a cell phone to talk, listen, or text, while operating a motor vehicle, is : Don't. It's not only dangerous but also illegal.
If you have a general legal question you would like discussed, please type or print clearly and send your question to ... The Journal at PO Box, 422 Colts Neck, New Jersey 07722 or you may email your questions to cnjournal@msn.com or to Anthony at anthony@goldandalbanese.com. The names of persons submitting questions, and the specific subject matter shall be kept strictly confidential.
This article is meant for informational purposes only, and is not legal advice. No representations or warranties are made with regard to the accuracy or content of this information. Always contact an attorney before taking any legal action.
ANTHONY V. LOCASCIO is Certified by the Supreme Court of New Jersey as Civil Trial Attorney and is an attorney with the firm of GOLD, ALBANESE & BARLETTI with offices in Red Bank (732-936-9901), Morristown, New York, and Boston, Massachusetts
