Driver distraction is a leading cause of automobile accidents. Although some might dispute that talking on a cellphone is no different than conversing with a passenger, the law disagrees with that premise. The failure to use a hands-free device while driving is considered a motor vehicle offense. The penalties can be even more severe when the phone is used for texting while driving.
Many late model cars are now equipped with Bluetooth devices. These allow the motorist to speak through a microphone installed as part of the vehicle’s standard equipment. Some automobile owners can even hear a text message while driving, and dictate a quick automated response.
Can you ever put your cellphone to your ear when you are behind the wheel? As long as you have one hand on the steering wheel, a cellphone can be used to call police because you are afraid someone is about to harm you or put your life at risk. The only other time it is permissible to pick up the phone is to report a motor vehicle accident.
The courts are serious when it comes to texting and driving. Within the last couple of years, a New Jersey court assigned a portion of liability to a young woman who was not even in the car involved in an accident. It seems she decided to text her boyfriend, knowing that he was behind the wheel. The courts felt this knowledge was sufficient to hold her partially responsible for the resultant crash.
New Jersey’s fines for the failure to use hands-free devices while driving are among the highest in the nation. According to the New Jersey Motor Vehicle Commission, these penalties became effective July 1, 2014, and are as follows:
• First offenders will face a fine of at least $200
• Second offense will increase to at least $400
• Third offenders can expect a fine of at least $600, as well as a possible 90-day suspension of their driver’s license and assessment of (3) three motor vehicle penalty points.
These penalties can be monumental. If you have been charged with any of these offenses, it is important that you seek legal representation. As the premier NJ Ticket Attorneys, we have a
great deal of experience handling these types of cases. Contact us to find out how we can assist you in defense of this traffic offense.
