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New Jersey cell phone tickets can carry harsh penalties. Whether you’re texting at the wheel, calling your friend for directions, or playing a game, you could quickly find yourself face to face with steep ticket fines.
It can take hours to read through New Jersey traffic laws and years to understand it. Fortunately, we at WinIt have already done the research so you don’t have to.
This article contains all of the information you’ll need to know about your NJ cell phone ticket in order to understand it, fight it, and win it.
Cell Phone Ticket Law in NJ
The specific law that we’re talking about is NJSA 39:4-97.3 of the New Jersey revised statutes. This section covers the use of cell phones and other electronic devices while driving in a moving vehicle—emphasis on the word “moving.” You’re allowed to use your cell phone when at a complete and total stop. We’ll talk more about that later on in this article.
This law sets out the terms of the violation; including definitions, penalties, and exceptions. Here is a list of electronic devices that can get you a distracted driving charge under NJSA 39:4-97.3:
- Cell Phone
- GPS or other navigation devices
- Handheld gaming platform
- iPad
- Laptop
Of course, this is far from an exhaustive list. There are plenty of portable electronic devices out there that can get you a distracted driving charge under this statute. And each and every one of them comes with steep traffic ticket fines.
NJ Cell Phone Ticket Fines
New Jersey uses a three-strike system for traffic-related violations. The first violation gets you a moderate penalty. The second violation gets you a worse penalty. And the third violation takes you to the cleaners. Here’s a table that shows you just how that works:
| Description | Fine |
| First Offense | $200-400 |
| Second Offense | $400-600 |
| Third Offense | $600-800 |
A ticket under NJSA 39:4-97.3 can cost as much as your phone, so it would be best to avoid them.
How Many Points Are Cell Phone Tickets in NJ?
How many points you get for a cell phone ticket in New Jersey depends on how many times you’ve been convicted for cell phone tickets in New Jersey. Just like with fines, the more convictions you have on your record, the more points you get.
Fortunately, for a first or second violation under this law, you won’t get any points on your record. But that doesn’t mean you’ll get away scot free. You’ll still have to pay sky-high fines and the conviction will still appear on your record.
If you are convicted of a third charge under NJSA 39:4-97.3, you will get three points on your license. See the below table for a clear picture of how many points a cell phone ticket can give you:
| Description | Points |
| First Offense | 0 |
| Second Offense | 0 |
| Third Offense | 3 |
Keep in mind that insurance companies use their own point systems. So, just because the state doesn’t apply any points for a first or second conviction doesn’t mean your insurance provider won’t either.
Does Insurance Go Up for Cell Phone Tickets in NJ?
Car insurance premiums can go up for just about any kind of moving violation. That includes minor violations like driving with your headlights off, major violations like hit and run, and countless violations in between. How much your insurance premiums go up depends on where you live, your driving record, and a number of other factors.
A report by The Zebra found that, on average, a conviction for cell phone tickets will increase your insurance by 19.6%. To find out just how much that will increase your premiums, multiply your monthly payment by 0.196. For example, if you’re paying the average cost for insurance in New Jersey ($1,671), your premiums will increase by $327.52 per year.
To make matters worse, these penalties don’t just apply for one year. They apply for as long as the conviction remains on your record, which can be a long, long time.
How Long Does a Cell Phone Violation Stay On Your Record?
Traffic violations stay on your record forever. The New Jersey Motor Vehicle Commission (MVC) will keep a record of every traffic violation of which you are ever convicted. However, the points for those violations don’t stay on your record for nearly as long.
For every year that you go without a single traffic violation, the MVC will remove three points from your record. Unfortunately, that’s only counting the points that apply toward the suspension or revocation of your license.
For insurance purposes, traffic convictions last for a whopping three years. Remember that $327.52 insurance premium increase we talked about? Multiply that by three and you get the total cost over a three-year period: $982.56.
Are There Any Exceptions Under the Law that Would Allow You to Use a Cell Phone?
Although the law seems pretty harsh, there are a few exceptions to it. If you need to report a crime or another emergency, you are allowed to use your phone or electronic device while driving.
A good example of this is if you’re driving and you spot a roadside fire. It could be unsafe to stop your vehicle nearby. Instead, the law allows you to continue driving while you make the call to 911 for emergency services.
Is It Legal to Mount Your Phone on the Dashboard in NJ?
Don’t like holding your phone while driving? Good, because that’s illegal. What’s not illegal, however, is mounting your phone to the dashboard.
As long as your phone mount doesn’t interfere with your vehicle’s normal safety features, you are allowed to mount your phone anywhere in your vehicle. A simple phone mount and bluetooth connector can cost maybe $100 or so, depending on the brand and type of devices used.
Of course, $100 is still a load of cash. But it pales in comparison to the $600 you could end up paying for a New Jersey cell phone ticket.
Can You Text at a Red Light in New Jersey?
When we were talking about the legal definition of cell phone tickets in New Jersey, we mentioned that you’re not allowed to use a cell phone or other electronic device in a moving vehicle. In other words, the law leaves a lot more wiggle room when your vehicle isn’t moving.
Whenever you are at a complete and total stop, you are allowed to use electronic devices however you see fit, provided that you don’t end up breaking a different law. For example, you’re allowed to text at a red light but you’re not allowed to prank call the police.
How to Fight a NJ Cell Phone Ticket
The easiest way to fight a New Jersey cell phone ticket is to prove that your vehicle wasn’t moving at the time the violation occurred. If your vehicle wasn’t moving, your use of an electronic device doesn’t fall under the umbrella of NJSA 39:4-97.3 (the cell phone law).
Another way to fight a ticket is to show that you were on private property. Plenty of traffic laws allow exceptions for people traveling on private property, such as driveways or private roads. If a police officer gives you a ticket for using your cell phone while driving on a private road, you may be able to get that ticket thrown out.
Naturally, the best way to fight a New Jersey cell phone ticket—or any other kind of traffic ticket—is to hire a lawyer. That’s where WinIt comes in.
How App WinIt Can Help You With Your NJ Cell Phone Ticket
When you get a cell phone ticket in New Jersey and decide to take it to court, you’ll want a lawyer at your side. In a court of law, WinIt is in it to win it. The WinIt app for smartphones helps connect you with qualified legal experts who are just chomping at the bit to get to court and beat your ticket.
WinIt is designed to use advanced technology to make legal help as affordable as possible. Unlike other attorneys in the state, lawyers on the WinIt app won’t charge you an arm and leg. You can keep all of your limbs attached while you go to court and beat your tickets.
That being said, don’t use your cell phone to access the WinIt app while driving or you just might end up with yet another New Jersey cell phone ticket.
