Written by attorney Kenneth Albert Vercammen

Cell phone ticket penalty NJ

3rd Cell phone use includes possible 90-day loss of license

Starting back on July 1, 2014, the fines for talking or texting on a hand-held wireless communications device were increased. More details at

39:4-97.3 d. A person who violates this section shall be fined as follows:

 (1) for a first offense, not less than $200 or more than $400 plus court costs and possible court appearance;

 (2) for a second offense, not less than $400 or more than $600 plus court costs; and

 (3) for a third or subsequent offense, not less than $600 or more than $800 plus court costs .

 For a third or subsequent violation, the court, in its discretion, may order the person to forfeit the right to operate a motor vehicle over the highways of this State for a period of 90 days.  In addition, a person convicted of a third or subsequent violation shall be assessed three motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43  (C.39:5-30.5).

 A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes. A person can hire an attorney to negotiate no loss of license on a 3rd offense. It is not cost effective to hire an attorney on the first or 2nd offense.

The full statute is below 39:4-97.3   Use of wireless telephone, electronic communication device in moving vehicles; 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.  For the purposes of this section, an "electronic communication device" shall not include an amateur radio.

Kenneth Vercammen Esq. 732-772 -0500. 2053 Woodbridge Ave. Edison, NJ

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