The Law Office of Blair C. Lane, Sr.



Earp Cohn
20 Brace Road, 4th Fl.
Cherry Hill, NJ 08034
Telephone: 856-528-3010
Facsimile: 856-354-0842
E-mail: blane@earpcohn.com


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Using Cell Phones When Driving

Posted by: Blair Lane
November 11, 2007

The NJ Governor signed into law an amendment to NJSA 39:4-97.3 which makes the use of a cell phone by a person who is operating a motor vehicle a primary offense. This means police may effect a motor vehicle stop upon viewing this violation. The amended statute also makes it an offense to "text message" while driving. Finally, the amended statute provides that when the cell phone law is utilized as part of a plea and sentence agreement in municipal court, the same penalties and $250 surcharge that is required for unsafe operation of a motor vehicle under NJSA 39:4-97.2 shall apply. Moreover, a conviction for the cell phone offense will count as a prior conviction of unsafe operation of a motor vehicle. The amended law will go into effect on April 1, 2008.

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