ARE MOTOR VEHICLE POINTS ASSESSED IF YOUR CONVICTED FOR TALKING ON YOUR CELLPHONE WHILE OPERATING A MOTORVEHICLE
Recently my clients have been inquiring on whether or not the charge of using a cellphone while operating a motor vehicle carries motor vehicle or insurance eligibility points. My answer is it depends. Let me explain, if you go to court and amend a moving violation to 39:4-97.3 (the cellphone charge) then you may be assessed motor vehicle and/or insurance points, only if, you had pled guilty to unsafe driving (39;4-97.2) on two prior occasions. Otherwise, there are no motor vehicle points in pleading guilty to using a cellphone while operating a motor vehicle. The statute reads as follows (pay particular attention to the last paragraph of said statute):
39:4-97.3. Use of hands-free and hand-held wireless communication devices while driving; when permitted; penalty