39:4-144 Stopping or yielding right of way before entering stop or yield intersections.

39:4-144   Stopping or yielding right of way before entering stop or yield intersections.

  No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a "stop" sign unless:

a.The driver has first brought the vehicle or street car to a complete stop at a point within five feet of the nearest crosswalk or stop line marked upon the pavement at the near side of the intersecting street and shall proceed only after yielding the right of way to all vehicular traffic on the intersecting street which is so close as to constitute an immediate hazard.

b.No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a "yield right of way" sign without first slowing to a reasonable speed for existing conditions and visibility, stopping if necessary, and the driver shall yield the right of way to all vehicular traffic on the intersecting street which is so close as to constitute an immediate hazard; unless, in either case, the driver is otherwise directed to proceed by a traffic or police officer or traffic control signal.

c.No driver of a vehicle or street car shall turn right at an intersecting street marked with a "stop" sign or "yield right of way" sign unless the driver stops and remains stopped for pedestrians crossing the roadway within a marked crosswalk, or at an unmarked crosswalk, into which the driver is turning.

39:4-129. Action in case of accident [Leaving the scene]

39:4-129.    Action in case of accident  [Leaving the scene]

    39:4-129.  (a)  The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall

immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in

every event shall remain at the scene until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall

be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than

$500 nor more than $1,000 or be imprisoned for a period of 180 days, or both, for the first offense, and for a subsequent offense shall

be fined not less than $1,000 nor more than $2,000, or be imprisoned for a period of 180 days, or both.  The term of imprisonment

required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted

of violating this section. 

   In addition, any person convicted under this subsection shall forfeit his right to operate a motor vehicle over the highways of this

State for a period of one year from the date of his conviction for the first offense and for a subsequent offense shall thereafter

permanently forfeit his right to operate a motor vehicle over the highways of this State. 

   (b)  The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or

other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto

as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the

requirements of subsection (c) of this section.  Every such stop shall be made without obstructing traffic more than is necessary. Any

person who shall violate this subsection shall be fined not less than $200 nor more than $400, or be imprisoned for a period of not more

than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $400 nor more than $600, or be

imprisoned for a period of not less than 30 days nor more than 90 days or both. 

   In addition, a person who violates this subsection shall, for a first offense, forfeit the right to operate a motor vehicle in this State for a

period of six months from the date of conviction, and for a period of one year from the date of conviction for any subsequent offense. 

   (c)  The driver of any vehicle knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle

or property shall give his name and address and exhibit his operator's license and registration certificate of his vehicle to the person

injured or whose vehicle or property was damaged and to any police officer or witness of the accident, and to the driver or occupants

of the vehicle collided with and render to a person injured in the accident reasonable assistance, including the carrying of that person to

a hospital or a physician for medical or surgical treatment, if it is apparent that the treatment is necessary or is requested by the injured

person. 

   In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled

under this subsection, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other

requirements of subsections (a) and (b) of this section, insofar as possible on his part to be performed, shall forthwith report such

accident to the nearest office of the local police department or of the county police of the county or of the State Police and submit

thereto the information specified in this subsection. 

   (d)  The driver of any vehicle which knowingly collides with or is knowingly involved in an accident with any vehicle or other

property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and shall then and there

locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the

vehicle striking the unattended vehicle or other property or, in the event an unattended vehicle is struck and the driver or owner thereof

cannot be immediately located, shall attach securely in a conspicuous place in or on such vehicle a written notice giving the name and

address of the driver and owner of the vehicle doing the striking or, in the event other property is struck and the owner thereof cannot

be immediately located, shall notify the nearest office of the local police department or of the county police of the county or of the

State Police and in addition shall notify the owner of the property as soon as the owner can be identified and located. Any person who

violates this subsection shall be punished as provided in subsection (b) of this section. 

   (e)  The driver of any motor vehicle involved in an accident resulting in injury or death to any person or damage in the amount of

$250.00 or more to any vehicle or property shall be presumed to have knowledge that he was involved in such accident, and such

presumption shall be rebuttable in nature.

   For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of

personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident. 

   Amended 1940,c.147; 1967, c.189,s.1; 1977,c.407; 1978,c.180; 1979,c.463,s.1; 1994,c.183,s.1. 

39:4-130.    Immediate notice of accident; written report  [Failure to report]

    39:4-130.  The driver of a vehicle or street car involved in an accident resulting in injury to or death of any person, or damage to

property of any one person in excess of $500.00 shall by the quickest means of communication give notice of such accident to the

local police department or to the nearest office of the county police of the county or of the State Police, and in addition shall within 10

days after such accident forward a written report of such accident to the division on forms furnished by it.  Such written reports shall

contain sufficiently detailed information with reference to a motor vehicle accident, including the cause, the conditions then existing,

the persons and vehicles involved and such information as may be necessary to enable the director to determine whether the

requirements for the deposit of security required by law are inapplicable by reason of the existence of insurance or other

circumstances.  The director may rely upon the accuracy of the information contained in any such report, unless he has reason to

believe that the report is erroneous. The division may require operators involved in accidents to file supplemental reports of accidents

upon forms furnished by it when in the opinion of the division, the original report is insufficient.  The reports shall be without prejudice,

shall be for the information of the division, and shall not be open to public inspection.  The fact that the reports have been so made

shall be admissible in evidence solely to prove a compliance with this section, but no report or any part thereof or statement contained

therein shall be admissible in evidence for any other purpose in any proceeding or action arising out of the accident. 

   Whenever the driver of a vehicle is physically incapable of giving immediate notice or making a written report of an accident as

required in this section and there was another occupant in the vehicle at the time of the accident capable of giving notice or making a

report, such occupant shall make or cause to be made said notice or report not made by the driver. 

   Whenever the driver is physically incapable of making a written report of an accident as required by this section and such driver is

not the owner of the vehicle, then the owner of the vehicle involved in such accident shall make such report not made by the driver. 

   A written report of an accident shall not be required by this section if a law enforcement officer submits a written report of the

accident to the division pursuant to R.S. 39:4-131. 

   Any person who knowingly violates this section shall be fined not less than $30 or more than $100. 

   The director may revoke or suspend the operator's license privilege and registration privilege of a person who violates this section. 

   For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of

personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident. 

   Amended 1951, c.23,s.72; 1953,c.187; 1967,c.189,s.2; 1983,c.193,s.1; 1994,c.183,s.2. 

3rd Cell phone ticket includes possible 90 day loss of license

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:

(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 3^rd offense. It is not cost effective to hire an attorney on the first or 2^nd 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 .

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.