I was given a ticket for being on the cell phone, and I was on the phone.

Asked over 1 year ago - East Orange, NJ

The phone was on speaker and the phone was tucked in my shirt. I didn't have the phone in my hand.

Attorney answers (8)

  1. David Justin Sideman

    Contributor Level 10

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    Answered . 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.

    Any answers I provide should not be construed as legal advice; they are meant to educate the reader. Additionally,... more
  2. Anthony J Van Zwaren

    Pro

    Contributor Level 15

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    Answered . This is currently a 0 point offense. If you think it worth fighting check the statute N.J.S.A. 39-4:97-3

    DISCLAIMER: This communication does not create an attorney-client relationship and is not legal advice unless you... more
  3. Theodor Kaplun

    Contributor Level 16

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    Answered . 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.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute,... more
  4. Dean P Murray

    Contributor Level 18

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    Answered . 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.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You... more
  5. Leonard Roy Boyer

    Pro

    Contributor Level 16

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    Answered . I agree with the answers of my colleagues. Either retain an attorney to fight it, or try on your own. Good luck.

    Leonard R. Boyer, Esq. 201-.675-.5577. Please be advised that the answer above is only general in nature cannot be... more
  6. Rixon Charles Rafter III

    Contributor Level 20

    4

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    Answered . So, what isw your question?

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more
  7. Mark M Cheser

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

  8. Vikrant Kishin Advani

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . No points by the MVC. But your insurance company will raise premium especially if its a second offense. Heightened penalties also apply by the court if this is a repeated offense. Either way retain counsel to fight it!

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