The phone was on speaker and the phone was tucked in my shirt. I didn't have the phone in my hand.
Civil Rights Attorney
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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4 lawyers agree
So, what isw your question?
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
Divorce / Separation Lawyer
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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3 lawyers agree
DUI / DWI Attorney
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!
1 lawyer agrees