NJSA 39:4-97.3 Operating Motor Vehicle while Using Cellphone

NJSA 39:4-97.3 Operating Motor Vehicle while Using Cellphone

2/29/12 10:39 AM

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NJSA 39:4-97.3 Operating Motor Vehicle while Using Cellphone

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Fine ranging from $100-$250. For information regarding points or surcharges contact the Motor Vehicle Commission. For information about car insurance eligibility and points contact your car FOR POTENTIAL CLIENTS TO insurance company or the New Jersey Department of CONTACT US DURING NONBUSINESS HOURS, PLEASE FILL OUT Insurance.

THE FORM.

1. a. 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. b. The operator of a motor vehicle may use a handheld wireless telephone while driving with one hand on the steering wheel only if:

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(1) The operator has reason to fear for his life or safety, or believes that a criminal act may be http://www.njlaws.com/39_4-97_3cellphone.html?id=403&a=

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NJSA 39:4-97.3 Operating Motor Vehicle while Using Cellphone

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.

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As used in this act, "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 Kenneth Vercammen was the mobile telephone, by which a user engages in a Middlesex County Bar Municipal conversation without the use of either hand; provided, however, this definition shall not preclude Court Attorney of the Year the use of either hand to activate, deactivate, or initiate a function of the telephone.

"Use" of a wireless telephone shall include, but not be limited to, talking or listening to another person on the telephone. c. Enforcement of this act by State or local law enforcement officers shall be accomplished only as a secondary action when the operator of a motor vehicle has been detained for a violation of Title 39 of the Revised Statutes or another offense. d. A person who violates this section shall be fined no less than $100 or more than $250. e. No motor vehicle 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.

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NJSA 39:4-97.3 Operating Motor Vehicle while Using Cellphone

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Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Don't give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies http://www.njlaws.com/39_4-97_3cellphone.html?id=403&a=

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NJSA 39:4-97.3 Operating Motor Vehicle while Using Cellphone

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increase rates or drop customers based on moving violations.

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