Hi,
I'm living in NJ..yesterday night I was pulled over by NJ-Bridgewater township cop and reported i was using mobile phone while driving..Actually i was driving to a restaurant using mobile maps..unfortunately it was fell down from the car mobile mount few minutes back and i was holding on my hand..
But I was issued a ticket with 39:3-33 unclear plate...So whats your advice in my case.. I have no violations in my last 4.5 years of driving history.
- Do I need to pay the fine? or Do i need to appear in the court
- Will it be recorded in my driving history, if so howlong
James Alexander AbateDUI / DWI AttorneyWestfield, NJ ·
Based on your comments you violated the cell phone law. A third offense under that statute would bring you a 3 month loss of license. So by keeping the cell phone off your record the officer did you a big favor.
You're question is a little unclear. We're you issued with a hands free violation (aka cell phone) violation or unclear plates or both? If just the unclear plates, it's a no point low fine violation, so it's probably not worth your time to fight it, but that is something you will have to decide whether it's worth while. If that is the only ticket a attorney is probably not worth the expense as well. But if you have a cell phone ticket, youay want to at least consult with an attorney. Many offer initial free consultations or apply for a public defender especially of you have two prior hands free violations. With the law change of July 1 2014, a first offense cell phone violation carried a fine of up to $200-400, second offense $400-600, and a third offense subjects you to a $600-800 fine, 3 motor vehicle points, and up to 90 day license suspension of your NJ driving priveledges.
Unfortunately, the insurance companies look at cell phone tickets like they look at DWI tickets. Their reasoning is that it is only a matter of time before you cause an accident If you are talking or texting. Your insurance company will either raise your rates substantially or refuse to ensure you at the end of your policy period. Your best bet would be to get an attorney to try to get a different offense, rather than a cell phone ticket.
Kenneth Albert VercammenCriminal Defense AttorneyEdison, 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.
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.
Nothing in P.L.2003, c.310 (C.39:4-97.3 et seq.) shall apply to the use of a citizen's band radio or two-way radio by an operator of a moving commercial motor vehicle or authorized emergency vehicle on a public road or highway.
b. The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:
(1) The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or
(2) The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.
more info at http://www.njlaws.com/39_4-97_3cellphone.htm