Violation of New Jersey’s Cell Phone Law Now a Primary Offense

Governor Corzine just signed into law an amendment to the recently enacted New Jersey cell phone law (N.J.S.A. 39:4-97.3) to become effective in 4 months.

The law will be a “primary offense” meaning that a police officer may now immediately pull you over if he or she sees you operating a “wireless communication device” with your hands, while driving in NJ. Watch out DUI-DWI suspects.

What could be considered a wireless communication device? Certainly, a cell phone or PDA would be considered a violation device. But the way I see it, even my Garmin Navigation device can be considered a wireless communication device under this new law.

The new law states that amateur radios are not considered wireless communication devices. What is the definition of an amateur radio? Is a truck drivers CB an amateur radio? Truck drivers are professionals…

Truckers also have messaging devices in their trucks that they use to communicate with their dispatchers. I see this as a violation of NJ law.

I know a lot of people think this law is a good idea and maybe rightfully so.

The problem is that the State of NJ is again taxing its drivers. The new law has a $250.00 surcharge on top of the fine which is similar to that of the NJ Unsafe Driving ticket (N.J.S.A. 39:4-97.2). I guess its just another way to fill the pockets of corrupt NJ politicians…

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Cordisco & Saile LLC, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Morrisville, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA. We are located just outside of Philadelphia in lower Bucks County.