Cellphone Ticket Attorney Elizabeth, NJ

Cellphone Ticket Attorney Elizabeth, NJ

In today’s hyper-connected world, the temptation to use your cell phone while driving can be overwhelming. However, New Jersey has strict laws against distracted driving, and a cell phone ticket can lead to hefty fines, points on your license, and even potential license suspension. If you’ve been cited for using your cell phone while driving in Elizabeth, NJ, don’t simply pay the fine and accept the penalties.

Brett M. Rosen, Esq., a skilled traffic violations attorney, understands the nuances of New Jersey’s distracted driving laws and is dedicated to protecting your driving privileges. He will provide you with aggressive representation and explore every avenue to minimize the impact of this ticket on your life.

Understanding New Jersey’s Cell Phone Laws

New Jersey’s cell phone laws are among the strictest in the nation, aiming to curb the dangers of distracted driving. N.J.S.A. 39:4-97.3 prohibits drivers from:

• Talking on a hand-held cell phone: This includes making or receiving calls, unless you are using a hands-free device.
• Texting while driving: Sending, reading, or writing text messages is strictly prohibited, even at a stop light.
• Using electronic devices for other purposes: This includes browsing the internet, checking email, or using social media apps.

Exceptions:

There are limited exceptions to these rules:

• Hands-free devices: You can use a hands-free device to talk on the phone, but it must be properly set up and not require you to hold the device.
• Emergency situations: You can use your cell phone to report an accident, medical emergency, fire, or hazardous condition.

Penalties for Cell Phone Tickets

The penalties for a cell phone ticket in New Jersey can be significant:

• First Offense:
  
  • Fine: $200-$400
• Second Offense:
  
  • Fine: $400-$600
• Third and Subsequent Offenses:
  
  • Fine: $600-$800
  • 3 points on your license
  • Possible 90-day license suspension

In addition to these penalties, a cell phone ticket can also lead to:

• Increased insurance premiums: Insurance companies often view distracted driving as a high-risk behavior, leading to higher rates.
• Surcharges: Accumulating 6 or more points within 3 years leads to surcharges imposed by the Motor Vehicle Commission (MVC).
• License suspension: Accumulating 12 or more points can result in license suspension.

Defenses Against a Cell Phone Ticket

While the evidence against you might seem straightforward, there are potential defenses that an experienced attorney can explore:

• Emergency situation: If you were using your cell phone to report an emergency, it could be a valid defense.
• Using a hands-free device: If you were using a hands-free device properly, you may not be in violation of the law.
• Officer error: If the officer made a mistake in identifying your vehicle or misjudged your actions, your attorney can challenge the ticket.
• Necessity: In rare cases, if you can prove that using your phone was absolutely necessary to prevent a greater harm, it might be a defense.

Why You Need an Attorney

N.J.S.A. 39:4-97.3 Ticket Lawyer in Elizabeth, New Jersey

It might seem tempting to simply pay the fine and move on, but seeking legal representation for a cell phone ticket can be beneficial. An experienced traffic violations attorney like Brett M. Rosen, Esq. can:

• Thoroughly investigate the circumstances: He will examine the police report, witness statements, and any available evidence to assess the situation.
• Gather evidence: He can obtain photographs or videos of the area, witness statements, and police reports to support your defense.
• Negotiate with the prosecutor: He will leverage his experience and knowledge of the legal system to negotiate with the prosecutor to seek a reduction or dismissal of the charges, or to minimize the penalties.
• Represent you in court: If necessary, he will represent you in court, presenting a strong defense and advocating for the best possible outcome.
• Protect your driving record: He will work to minimize the impact of the ticket on your driving record, potentially saving you from points, surcharges, increased insurance premiums, and license suspension.

FAQs About Cell Phone Tickets in Elizabeth, New Jersey

1. What should I do if I receive a ticket for using my cell phone while driving?

   Contact an attorney as soon as possible. Do not simply pay the fine without first exploring your legal options and understanding the potential consequences.

2. Can I fight a cell phone ticket?

   Yes, you have the right to contest the ticket in court. An attorney can help you build a strong defense and represent you in court.

3. Will I have to go to court for a cell phone ticket?

   If you plead not guilty, you will likely have to appear in court for a trial or a plea hearing. However, your attorney may be able to handle some court appearances on your behalf.

4. Can I get a cell phone ticket dismissed?

   It’s possible to get the ticket dismissed if you have a valid defense, if the prosecutor agrees to drop the charges, or if the officer fails to appear in court.

5. How can I avoid getting a ticket for using my cell phone while driving?

   The best way to avoid a ticket is to simply not use your phone while driving. Put your phone away, use a hands-free device if necessary, and focus on the road.

FAQs Continued

1. What if I was using my phone for GPS navigation?

   While using your phone for GPS navigation is technically allowed, it’s still best to use a hands-free mount and avoid any interactions with the phone that could distract you from driving.

2. What if I was using my phone at a stop light?

   Even using your phone at a stop light is prohibited in New Jersey. You must be fully stopped and out of the flow of traffic to legally use your phone.

3. Can I get the points removed from my license after paying the ticket?

   You may be eligible to attend a defensive driving course to remove points from your license, but this is not guaranteed and there are limitations on how often you can take the course.

4. Will a cell phone ticket affect my insurance rates?

   Yes, this is a moving violation that will likely result in increased insurance premiums.

5. What if I was a passenger in the car when the driver was using their cell phone?

   Passengers are not typically held responsible for traffic violations committed by the driver. However, it’s always a good idea to encourage safe driving practices.

Don’t Face a Cellphone Ticket in Elizabeth, New Jersey Alone!

A cell phone ticket might seem like a minor inconvenience, but it can have significant consequences for your driving record and your finances. Don’t take any chances. Contact Brett M. Rosen, Esq., today for a free consultation. He will provide you with the experienced and dedicated representation you need to protect your driving privileges and achieve the best possible outcome in your case.

908-312-0368 & brett@nynjcriminalcivilesq.com