NJ Distracted Driver "Cell Phone Violation"

[guyincognito723]

What is the name of your state (only U.S. law)? New Jersey

Hello, I am seeking some advice on my upcoming court hearing this week. I was driving on a highway while using my phone as a gps, glancing down at it occasionally as it was lying in the cup holder, and was pulled over by a police officer and subsequently given a ticket and a mandatory court appearance for cell phone use. From my very superficial readings, don't you have to be using the phone in your hand to be considered a cellphone violation? The officer and I didn't exchange many words, however he mentioned something along the lines of it being a state-wide driver awareness month(the u text u drive u pay campaign). Morally I feel as if i have done nothing wrong, however legally is another story. Do I have any defense or am I screwed? Thanks for any help in advance.

 

[Just Blue]

What is the name of your state (only U.S. law)? New Jersey

Hello, I am seeking some advice on my upcoming court hearing this week. I was driving on a highway while using my phone as a gps, glancing down at it occasionally as it was lying in the cup holder, and was pulled over by a police officer and subsequently given a ticket and a mandatory court appearance for cell phone use. From my very superficial readings, don't you have to be using the phone in your hand to be considered a cellphone violation? The officer and I didn't exchange many words, however he mentioned something along the lines of it being a state-wide driver awareness month(the u text u drive u pay campaign). Morally I feel as if i have done nothing wrong, however legally is another story. Do I have any defense or am I screwed? Thanks for any help in advance.

IMHO I think you are "screwed".

 

[adjusterjack]

From my very superficial readings, don't you have to be using the phone in your hand to be considered a cellphone violation?

I think not.

I found a lot of references to a NJ crackdown on "distracted driving" and mention of the "distracted driving law." However, wherever I find an explanation of the "distracted driving law" it refers back to the cell phone statute which can be read in its entirety at:

http://www.njlawman.com/new-jersey-traffic-laws/nj-cell-phone-law-39-4-97-3.htm

If that's what you got cited for you might be able to beat the ticket if you can provide your cell phone record of calls that day to show that you made none and received none during that period.

No guarantees but it might be worth a shot.

Otherwise, I suggest you get yourself a GPS that sits on your dash and put your phone somewhere that you have ZERO access to it for any purpose while driving.

NJ seems to be out for blood with this distracted driving thing.