New Jersey Cellphone Ticket

Fighting New Jersey Cellphone Tickets: A Guide for Drivers

Getting pulled over for using your cellphone while driving is an annoying and expensive experience. In New Jersey, fines for a first offense range from $200 to $400. But with the help of an experienced traffic ticket attorney, you may be able to get the charges against you dismissed. Here’s what you need to know about contesting your New Jersey cellphone ticket.

Overview of New Jersey’s Cellphone Laws

New Jersey banned handheld cellphone use while driving in 2004. Under N.J.S.A. 39:4-97.3, it is illegal for drivers to use handheld phones for calls, texting, emailing, web browsing or anything else that requires physically holding the device. Hands-free use, such as with Bluetooth or voice commands, is allowed.

The fines for a first cellphone offense in New Jersey are $200 to $400. A second offense within 10 years carries fines from $400 to $600. The penalties increase for third and subsequent violations within 10 years:

• $600 to $800 fine
• 3 points on your license
• Possible 90-day license suspension

Your auto insurance rates will likely go up after a cellphone violation as well. So it pays to fight your ticket if you have a good case.

Common Defenses Against Cellphone Tickets

There are a few common defenses New Jersey traffic attorneys use to contest cellphone tickets:

• You weren’t actually using your phone. Just holding your phone doesn’t constitute “use” under the law. The officer has to prove you were actively talking, texting, emailing or web browsing.
• Your car wasn’t in motion. The cellphone ban only applies when your vehicle is in motion. If you were stopped at a light or pulled over, you can legally use your phone.
• The officer’s view was obstructed. If other traffic blocked the officer’s line of sight to your vehicle, they may not have clearly seen what you were doing.
• You were using your phone for an emergency. Exceptions to the law include calling 911 or reporting a serious accident or crime.
• This wasn’t your first offense. If the ticket says it’s a second or third offense, but you haven’t been convicted before, you may get the enhanced fines dismissed.

An experienced attorney will look for holes in the officer’s story and evidence to build a strong defense.

How Lawyers Beat Cellphone Tickets

To beat a cellphone ticket, the attorney will first review the summons and talk to you to learn the details of what happened. They will identify potential defenses based on the circumstances of your traffic stop.

Next, they will request evidence from the prosecution, including the officer’s notes, court testimony and any photos or videos. The attorney will look for inconsistencies or lack of hard evidence that you were illegally using your phone.

If weaknesses are found in the officer’s account, your attorney can argue there is reasonable doubt you committed the cellphone violation. They may be able to get the charges dismissed completely or reduced to a lesser offense like careless driving with lower fines.

Examples of successful defenses against New Jersey cellphone tickets:

• An attorney proved the driver’s Bluetooth was activated, so the officer was mistaken about handheld use.
• Phone records showed the driver was not talking or texting during the traffic stop.
• The officer admitted their view was briefly blocked right before seeing the driver holding a phone.

How Much Does It Cost to Fight a Cellphone Ticket?

Traffic ticket attorneys generally charge flat fees ranging from $150 to $500 to take your case. The fee covers everything from reviewing evidence to representing you in court.

It’s a worthwhile investment considering the fines for a first offense cellphone ticket start at $200 in New Jersey. Not to mention avoiding points and increased insurance costs.

Paying an attorney a few hundred dollars upfront could save you money in the long run by getting the ticket dismissed or downgraded to a lesser offense.

Tips for Beating Your Cellphone Ticket

To give yourself the best chance of beating your New Jersey cellphone ticket:

• Don’t admit guilt or pay the ticket before consulting with a lawyer. This gives up your defense options.
• Act fast – there are time limits for contesting traffic violations in New Jersey.
• Take photos if possible of where your car was stopped and the officer’s vantage point.
• Save phone records showing you weren’t using your device at the time of the traffic stop.
• Hire an experienced attorney – lawyers who handle traffic violations regularly have the best success getting charges dismissed.
• Follow your lawyer’s advice – they know the prosecutors and judges and the best defenses to use in your case.

Finding the Right Lawyer to Fight Your Ticket

The key to successfully fighting your cellphone ticket is hiring an experienced New Jersey traffic attorney. Look for a lawyer who:

• Focuses specifically on traffic violations – not one who dabbles in traffic law occasionally.
• Has relationships with local prosecutors and judges.
• Has a track record of getting cellphone and other traffic tickets dismissed.
• Is familiar with the police officers in the jurisdiction where you got the ticket.
• Will personally handle your case instead of passing you off to a paralegal or associate.
• Provides flat-rate fee options instead of hourly billing.
• Responds quickly to questions and keeps you informed through the legal process.

Leon Matchin and Thomas Carroll Blauvelt are two New Jersey traffic attorneys who fit these criteria and have proven experience beating cellphone tickets. Schedule a free consultation with them or another qualified lawyer to discuss your options.

Don’t Give Up – Fight Your Cellphone Ticket

Getting a ticket for cellphone use while driving can be frustrating, but don’t just pay the fine and accept points on your record. With an attorney’s help, you have a good chance of beating the ticket in court.

It’s worth hiring a lawyer to attempt to get the charges dismissed – saving you money and avoiding insurance rate hikes. Use the defenses and negotiation strategies traffic attorneys have at their disposal.

Fight back against your New Jersey cellphone ticket. The small upfront investment in a lawyer could pay off with big savings down the road. Don’t let traffic violations raise your insurance costs for years unnecessarily. With legal help, you can potentially walk away with no fines, fees or points on your record.