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

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. Best answer

    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, this answer does not constitute an attorney-client relationship. If you would like to contact your case further, please feel free to contact me at david@epgp-law.com


  2. 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.


  3. 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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  4. 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, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Theodor Kapun and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.


  5. 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 should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.


  6. 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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  7. 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. 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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