3rd Cell phone ticket 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.
A person who
violates this section shall be fined as follows:
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.
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 .
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.
e. 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.
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. 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.
g.
Whenever 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.