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Cell Phones Laws in NJ

Elliot J. Wiesner | November 12, 2009

Many would agree that cell phones are truly a wonderful invention, offering us the convenience of contacting with people wherever and whenever we choose. However, when it comes to driving, cell phones can really serve to get us into trouble. While the rules vary from state to state, the cell phone laws in New Jersey are among the strictest in the country.

Elliot Wiesner is no stranger to such rules. As an attorney who has spent the past decade defending New Jersey residents on a variety of traffic violations,  Wiesner has been keeping tabs on the state’s cell phone laws from the moment they were enacted. Wiesner feels that it is important for all New Jersey drivers to be fully aware of the current set of laws relating to cell phone use while driving.

First thing’s first: You are not allowed to talk on a hand-held cell phone while you are operating a vehicle. This means that you’re not allowed to balance your cell phone between your shoulder and your ear while driving around, nor are you allowed to put it on speakerphone and repeatedly move it back and forth from your lap to your ear. Any officer who catches you doing this has every right to issue you a ticket, and an expensive one at that. However, this doesn’t mean that you can’t talk on your cell phone at all while you’re driving as using a head set or hands-free device is perfectly acceptable. In fact, many newer cars come equipped with built-in Bluetooth devices that allow drivers to make and receive calls without having to so much as come into contact with their cell phones.

If you don’t happen to have one of the many nifty toys that enable people to talk hands-free, then pull over if you really need to answer a call. An officer is not going to care one bit that you only answered your hand-held phone because you saw that it was your boss or your mother calling, nor will he concern himself with the fact that you were on the phone getting directions because you’re not from the area and suddenly found yourself lost. It’s a better idea to save yourself the trouble – and the ticket – by pulling over if the call truly can’t wait.

The next thing that New Jersey drivers really ought to know is that texting while driving is absolutely prohibited (not to mention dangerous). This ban includes texting at a red light or stop sign. Some people might think that it’s fine for them to pick up their phones and read their text messages while driving as long as they avoid writing back. This, too, will get you a ticket. If you feel the absolute urge to respond to a text message on the spot, then find a safe place to pull over, put your car in “park,” and text away.

Some New Jersey residents might be under the false impression that there are plenty of exceptions to these cell phone rules. According to Elliot Wiesner, the only time you are allowed to use a hand-held cell phone while driving is when you witness an accident or fear for your own safety. If you happen to come across a vehicle fire or car accident, then it is permissible to hold your cell phone with one hand and report the incident while keeping your other hand on the wheel. You can also use a hand-held phone while driving to report a nearby drunk driver on the road, or in the event that someone is chasing down the road after you waving a gun. However, these exceptions only apply to calls made directly to the proper authorities. So in a true emergency, you can go ahead and call 911, but don’t just call your buddy to tell him that you’re in danger.

Living in New Jersey can be expensive enough, so why make it worse by violating cell phone driving laws and getting slapped with a hefty fine? There are plenty of options for communicating while on the go, and every driver has the ability to take the necessary steps to avoid getting into trouble. However, if you are caught talking or texting while driving, then pull over and call an attorney like Elliot Wiesner for help.

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About Elliot J. Wiesner

Author Name

Elliot Wiesner is an attorney who has spent the past 11 years helping New Jersey residents tackle a variety of legal matters, from traffic violations to DWI charges to contract and family-related issues. He is a member of the New Jersey State Bar Association and operates out of New Brunswick, New Jersey.

The Law Firm of Elliot J. Wiesner, P.C.

(732) 709-2168 75 Paterson St., suite 6
New Brunswick,NJ 08901
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