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1st Cell phone Use ticket at stop light in Fanwood NJ- fight it or pay?
Anonymous4 views5 answers
I was stopped by a cop as I inched towards a stop light- I put the phone down ( in my hand at the time) and the cop saw me. The car moved slightly and I finished a typing a message and put down the phone. Didnt text after. The car was still stopped. The light started and drove, when the cop pulled me over.
This is my first moving violation and I am wondering what the court process is like for a first hearing. Also what determines the fine to be closer to $400 than 200, which is the lower limit of the range?
Generally your driving history determines the fines, as for what you should do, I suggest pleading guilty if it is your first offense and you don't drive for a living or have a really bad record as you won't win without a lawyer and even with a lawyer the chances of winning are small unless you get a really good lawyer which will cost many times what the ticket will cost you.
Go to court and pay the ticket. Unless your job requires ABSOLUTELY NO TRAFFIC OFFENSES, it's not worth going to trial because you will end up sitting in court all day and having the phone in your hand for any purpose other than emergencies is a violation of the statute.
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 …
You may not touch a cell phone while you are the operator of a vehicle, moving or not. There can be some ways around this particular charge, but you will have a consult and hire a local attorney who knows if this particular court will accept a plea to a different charge. But fight it? No, you are guilty of the charge.
The Judge will likely impose minimum of $200 if you plead guilty but be aware that a subsequent offense doubles the fine and the third offense you get three points and up to 90 days license suspension and about $800 in fines.
