Charles E. Tempio
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Attorney at Law

What is considered cell phone use in New Jersey?

Cell phone use, from actually using a phone to holding your cell phone in your hand or any variation in between can be construed as cell phone use under the New Jersey Law.  Any form of messaging or application use falls under the statute for using or holding a cell phone.  You may receive a ticket if you are holding the phone in your hand even if it is turned off.

What fines or penalties do I face when I receive a cell phone ticket?

  • 1st Offense- is a fine of not less than $200 or more than $400.00
  • 2nd Offense- is a fine of not less than $400.00 or more than $600.00
  • 3rd Offense- is fine of not less than $600 or more than $800 plus up to 90 days DL suspension and 3 MV Points

What Defenses can I have when it comes to a cellphone ticket?

MV operators are permitted to use their device if they are reporting an emergency including, traffic accidents, fires or police emergencies.  Additionally, they may use their phone to report the reckless and erratic driving of other MV operators. Depending upon the circumstances it may be acceptable if the operator is deactivating a function on the phone.

If more than 10 years have passed since your last cell phone conviction then there is the potential of having the summons treated favorably for sentencing. 

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