If you got a ticket for texting while driving in New Jersey, you are not alone. Since New Jersey became one of the first states in the country to ban handheld cell phone use behind the wheel more than 15 years ago, police have aggressively used this law to target drivers statewide. Find out what you need to know about your texting ticket from an experienced New Jersey traffic ticket lawyer:
Yes, New Jersey Police Can Pull You Over for Texting
Under some states’ texting bans, the police cannot stop drivers solely because they are texting. While they can issue tickets for texting if they stop drivers for other reasons, texting isn’t enough to justify a traffic stop on its own.
But, in New Jersey, this is not the case. Texting while driving is a “primary” offense under the New Jersey Revised Statutes. This means that the police can stop you for texting even if you are otherwise complying with the law. As a result, if you were hoping to get out of your ticket by telling the judge that you weren’t doing anything else that justified a traffic stop, this is not a defense to a texting ticket in New Jersey.
New Jersey Law Prohibits Handheld Texting Behind the Wheel
What, exactly, does the law say? Like many states’ texting laws, Section 39:4-97.3 of the New Jersey Revised Statutes prohibits handheld texting behind the wheel:
“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.”
In other words, if you use your phone’s voice-to-text capabilities without picking it up, that is permissible under New Jersey law. But, as soon as you pick up your phone to send a text, it is no longer “hands-free,” and you can be charged under Section 39:4-97.3.
Importantly, while this is the general rule, there are some exceptions—and these exceptions can serve as defenses in New Jersey traffic court in some cases. The circumstances in which handheld cell phone use is permitted under Section 39:4-97.3 include:
- If you have “reason to fear for [your] life or safety;”
- If you believe that a criminal act “may be perpetrated against [you] or another person;”
- If you are reporting a traffic accident, serious road hazard or other emergency to the appropriate authorities;
- If you are reporting a driver who “is driving in a reckless, careless or otherwise unsafe manner;” and,
- If you are reporting a driver who “appears to be driving under the influence of alcohol or drugs.”
While the statute provides that phone records or “testimony or written statements from appropriate authorities” can serve as evidence that you were attempting to file a report, it may also be possible to defend against a texting ticket by arguing that you were picking up your phone to contact the authorities but had not yet had the opportunity to do so. Of course, if your phone records show that you were texting with someone else when the police pulled you over, asserting this type of defense could prove challenging.
New Jersey’s Penalties for Texting While Driving
The penalties for texting while driving in New Jersey vary depending on whether you have received a similar ticket in the past. Generally speaking, the penalties for texting while driving are:
- First Offense – A $200 to $400 fine
- Second Offense – A $400 to $600 fine
- Third or Subsequent Offense – A $600 to $800 fine and three points on your driver’s license
Under Section 39:4-97.3, the judge also has the discretion to impose a 90-day driver’s license suspension for third and subsequent offenses. However, a 10-year “lookback” period applies. If you receive a second texting ticket more than 10 years after your first, your second ticket will be treated as a first-time offense. Similarly, if you receive a third ticket more than 10 years after your second, your third ticket will be treated as a second-time offense.
Under New Jersey’s point system, accumulating six or more points on your driving record can trigger annual surcharges, and accumulating 12 or more points on your driving record can result in a driver’s license suspension. As a result, if you already have points on your driving record when you get a third texting ticket, the consequences could be far more serious. Likewise, once you have points on your driving record from a third (or subsequent) texting ticket, getting pulled over for another type of traffic violation can be far more serious as well.
Can (and Should) You Hire a Lawyer to Represent You if You Were Stopped for Texting in New Jersey?
With all of this in mind, can (and should) you hire a lawyer to represent you if you have received a texting ticket in New Jersey?
Due to the potential consequences involved, it will be well worth discussing your case with a New Jersey traffic ticket lawyer as soon as possible. An experienced lawyer will be able to help you make informed decisions and then deal with your texting ticket on your behalf. What this entails will depend on the circumstances involved, but, in any case, you owe it to yourself to ensure that you are not incurring fines or facing other consequences unnecessarily.
Schedule a Consultation with a New Jersey Traffic Ticket Lawyer Today
Did you get a ticket for texting while driving in New Jersey? If so, a lawyer at Helmer, Conley & Kasselman, P.A. can help you make informed decisions about your next steps. To schedule a confidential consultation with a New Jersey traffic ticket lawyer at our firm as soon as possible, call us at 877-435-6371 or tell us how we can get in touch online today.
