I just received my second cell phone ticket in Jersey City, NJ while sitting in traffic while my first ticket was in Portland, Oregon on January of 2014. I'm terrified of the consequences since I drive a company car. The ticket was given under the ordinance 394-97.3. What would be the best way to approach this second ticket?
Likely it will not come up on your NJ drivers' abstract and will mean this one will be charged as a first. They don't do detailed background checks on cell phone tickets like they do with criminal pleas. Get a lawyer to get your best chance of this being treated as a first. And get Bluetooth for a few bucks.
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If the first ticket does not come up on your abstract, which it probably won't if it happened in Oregon then it will go down as a first offense. You should hire an attorney who will run an abstract for you and make sure.
Attorney's Petreski and Popovich have both give you great answers that the court will probably not know about the earlier ticket, unless the judge asks you directly. Even if he does an argument may be able to be made the Oregon statute is different then the NJ statute, thus it would not count as a first offense. But if I was you and money is not an issue I would hire a good traffic ticket lawyer to fight the ticket. Good Luck.
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I agree with Mr. Aalsberg and my other colleagues. I would also add that not only can an argument be made that a different State has a different statute but also our statute's enhancing language states "this section". It does not include language such as " a violation in any other state" that is included in other statute's enhancing provisions.
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