N.J.S.A. 39:4-97.3 · Moving Violations & Driving Offenses
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What the law says
An operator of a moving motor vehicle on a public road or highway may not use a wireless telephone or electronic communication device unless the use is hands-free, the device’s placement does not interfere with federally required safety equipment, and the operator exercises a high degree of caution. Hand-held wireless telephone use while driving with one hand on the steering wheel is allowed only in specified safety-related or reporting circumstances.
Motor vehicle offenses like this are heard in the municipal court where the ticket was issued. A motor vehicle conviction isn't a criminal record, but it can bring fines, MVC points, surcharges, license suspension, and higher insurance costs.
What the statute covers
Key rules in N.J.S.A. 39:4-97.3 that the State relies on:
- For a first offense, not less than $200 or more than $400.
- For a second offense, not less than $400 or more than $600.
- For a third or subsequent offense, not less than $600 or more than $800.
- For a first offense, a fine of not less than $200 or more than $400.
- For a second offense, a fine of not less than $400 or more than $600.
- For a third or subsequent offense, a fine of not less than $600 or more than $800.
- 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.
- A person convicted of a third or subsequent violation shall be assessed three motor vehicle penalty points.
- Points: 3 points, assessed for a third offense within 10 years of a second offense and for later offenses.
- Collecting 6 or more points within three years brings a surcharge of $150 plus $25 for each additional point, and 12 or more points leads to a license suspension.
- An electronic communication device does not include an amateur radio.
- The act does not apply to 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.
- A hand-held wireless telephone may be used while driving with one hand on the steering wheel if the operator has reason to fear for the operator’s life or safety, or believes a criminal act may be perpetrated against the operator or another person.
- A hand-held wireless telephone may be used while driving with one hand on the steering wheel to report to appropriate authorities a fire, traffic accident, serious road hazard, medical or hazardous materials emergency, or an operator of another motor vehicle who is driving recklessly, carelessly, or otherwise unsafely, or appears to be driving under the influence of alcohol or drugs.
- A hand-held wireless telephone user’s telephone records or testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under the reporting paragraph.
- “Hands-free wireless telephone” means a mobile telephone with an internal feature or function, or an attachment or addition, by which a user engages in a conversation without using either hand; either hand may be used to activate, deactivate, or initiate a telephone function.
- “Citizen’s band radio” means a mobile communication device designed to allow transmission and receipt of radio communications on frequencies allocated for citizen’s band radio service use.
- “Two-way radio” means two-way communications equipment that uses VHF frequencies approved by the Federal Communications Commission.
- Radar and lidar calibration and operator training records
- Officer observation and the officer's vantage point
- Negotiating to a lower-point or no-point offense
- Protecting CDL holders and drivers close to suspension
- Don't pay the ticket online. Paying is a guilty plea.
- Check your driver history abstract so you know your current points.
- Keep the summons and write down what happened at the stop.
- Tell your lawyer if you hold a CDL or already have points or suspensions.
- Call before your court date. Many tickets can be resolved without you missing work.
- Reckless Driving →
- Careless Driving →
- Unsafe Operation of a Motor Vehicle →
- Speeding →
- Racing on Highways →
- Leaving the Scene of an Accident →
- Failure to Report an Accident →
- Failure to Observe a Traffic Signal (Red Light) →
- N.J.S.A. 39:4-97.3 on Justia (2024 New Jersey Revised Statutes)
- NJ MVC points schedule
- NJ MVC surcharges
How the charge is graded
Penalties in the statute
MVC points and surcharges
Other rules that can matter
Common defense strategies
Every case turns on its facts, but defenses we often explore include:
What to do right now
How we help
Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-823-1117 for a free, confidential consultation about your Using a Handheld Cell Phone While Driving charge.
Related charges
Sources
Statute summaries are based on the 2024 compilation of the New Jersey Revised Statutes. Laws change, so confirm the current version with counsel.
Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.