The phone was on speaker and the phone was tucked in my shirt. I didn't have the phone in my hand.
Landlord / Tenant Lawyer
If that was your only ticket, you might as well try the case as it's no points. Worst case scenario is pay a $106 fine plus $33 in court costs.
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So, what isw your question?
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This is currently a 0 point offense. If you think it worth fighting check the statute N.J.S.A. 39-4:97-3
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Personal Injury Lawyer
NJ has toughened penalties from secondary to primary offense for driving while on a phone, the statute reads - 39:4-97.3. Use of wireless telephone, electronic communication device in moving vehicle; 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.
My suggestion is you get a traffic attorney to handle you matter for resolution, best of luck.
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Real Estate Attorney
It is probably worth fighting. While NJMVC does not assess points for such a violation, your insurance carrier will see the title of the charge on your abstract and raise your premiums. Don't be misled by the fact that NJMVC considers it a zero-point violation.
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I agree with the answers of my colleagues. Either retain an attorney to fight it, or try on your own. Good luck.
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You are correct that the issue is the handheld fact. If you were not "dialing" only using the voice command you are OK. It is a 0 point ticket.