Cell phone ticket question

I was sitting in traffic on Main St. today and looked at my phone. I was NOT on the phone nor texting. I got a ticket for "improper cell phone" use. He said that you are not even allowed to have the phone in your hand. I'm not trying to start a debate as I truly was not talking or texting, and I was unaware that you were not allowed to even look at your phone. But I don't understand how you can techincally talk on the phone with a hands free device, what if you call someone? Don't you have to look at your phone to dial the number?

Wondering Wondering Message Wondering
Jun '11


go to court and fight the ticket

Caged Animal Caged Animal Message Caged Animal
Jun '11

My bluetooth has hands-free calling. It's built into the car. My phone also has voice activated dialing (albeit it sucks and doesn't work well.) Bring your phone bill, show that there were no calls or texts sent/received when the ticket was written. Fight it.

emaxxman emaxxman Message emaxxman
Jun '11

I would fight it....good suggestion enmaxxman....

I doubt you will have satisifaction... but good luck...It's getting ridiculous.

Firefly Firefly Message Firefly
Jun '11

Fight it if it's worth your time sitting in court for hours. Pretty sure they're not point tickets. As a matter of principle guess you should fight it.

I wonder what if you use your phone for GPS? Must have it docked?

ComputerSharp ComputerSharp Message ComputerSharp
Jun '11

Ii would fight this one if you can prove you did not send or receive a call/ text.

maja maja Message maja
Jun '11

the point is you were in standing traffic you look at the phone to see if you had a call that you would had to have to pull off the road to re connect with you were not calling any on at the time or returning the call . its just the police finding a way to make money for the courts by the way were dose the money go from a ticket of this type who proffits from the ticket

Caged Animal Caged Animal Message Caged Animal
Jun '11

My Mom got a ticket for this also...you are not to have your cell phone in your hand at anytime. Not to see what time it is or anything. It doesn't matter that you can show call list or text you had it in your hand......my brother in-law is a cop too and he verified after my Mom got a ticket

Nosila Nosila Message Nosila
Jun '11

"It doesn't matter that you can show call list or text you had it in your hand..." let the judge rule if the law was broken .

Caged Animal Caged Animal Message Caged Animal
Jun '11

If you need to see the time, get a watch. Pull over to look at your phone. You were in traffic..not parked. Pay the ticket. Lesson learned. Sorry but there are too many twits out there looking at or talking on their phone when they should be paying attention to the road.

blackcat blackcat Message blackcat
Jun '11

The problem is that its not a cell phone law in general now. Its a distracted drivers law. See below.

Distracted driving update: The full state Senate has approved a plan to significantly toughen New Jersey’s distracted driving law, with fines starting at $200 and increasing to $600 (plus license suspension). The Assembly’s Law and Public Safety Committee signed off on the Senate’s bill March 7.

My guess is this pretty much goes for anything that falls under distraction which probably would include even picking up the phone.

I am not saying its correct just stating what I have found.

Steve-0 Steve-0 Message Steve-0
Jun '11

So if someone is distracted by picking his nose he could get a ticket also? Talking to someone? scratching there head?

Innocent questions............IMO these laws are getting out of hand.

Christine Christine Message Christine
Jun '11

What if I am holding an eggplant to my ear while driving and talking to a passenger? My Sicilian grandmother told me that if I have an ear infection, I should hold an eggplant to my ear and that will make it feel better.
(that's a joke to show how silly this law is) Cell phone or eggplant, it doesn't matter.

3wbdwnj 3wbdwnj Message 3wbdwnj
Jun '11

"New Jersey's hands-free law was enacted in 2004 by amending P.L 2003,c.310. The law has recently (November 2007) been updated to make it a primary enforcement violation. The New Jersey cell-phone law establishes a fine of $100 for the use of a hand held wireless telephone while operating a motor vehicle."


Your vehicle was on therefor you where operating a motor vehicle while using a cell phone dosen't matter if you where looking at it at a stop light or not your wrong you broke the law pay the fine lesson learned.

shoebie shoebie Message shoebie
Jun '11

Ever since I was rear-ended by someone on their cellphone I'm all for enforcing that particular piece of the old law BUT the new distracted driving law is ridiculous! It is too subjective, looking at your hand held cellphone (but not texting or trying to steer with 1-hand chatting away) is just as dangerous as playing with your radio, eating, drinking your coffee, turning your head to yell at your kids, etc!

@wondering, I hope you are able to fight the ticket!

ERM ERM Message ERM
Jun '11

....or applying make-up? (I love being behind women who can't take an extra 4 minutes to plaster on their make-up BEFORE they leave the house.) ....or lighting your cigarette or smoking? all of these things are distractions. I just don't understand how talking on the phone is any different than talking to your kids in the back seat or your boyfriend in the passenger seat.

Jackie Jackie Message Jackie
Jun '11

@Jackie, good one! My all time favorite was a female passenger feeding the male driver cereal !?! It was several years ago, and granted we were sitting in Rt 80 traffic, but it blew my mind (and sort of stirred up my road rage).

ERM ERM Message ERM
Jun '11

I know I have said this before, but my all time is on Route 287 sitting in traffic I saw a lady take out a curling iron that plugged into the cigarette lighter and start doing her hair.


I used to commute to Parsipanny and I don't know how many times I saw drivers reading the newspaper while driving on route 80.

jrsemom jrsemom Message jrsemom
Jun '11

What about smoking a ciagarette?

I dont text while I drive I will pull over if the phone rings and I see its someone I need to talk with. BUT this new law is idiotic!

Christine Christine Message Christine
Jun '11

What did we ever do without cell phones and what the heck is so important that can't wait till we get home? Why does everyone have to be on call all day long? I don't get it.

cbel cbel Message cbel
Jun '11

I'm so sorry to hear of your loss Wondering. Common Sense was such good friend and I'm sorry to see him gone:

http://www.naute.com/thinkery/obituary.phtml

justintime justintime Message justintime
Jun '11

It will probably cost more money in court fees to fight this. I spoke to an officer in Denville, one of the strictest enforcers of cell phone violations, about this and he said that simply having the phone in your hand will land you a ticket. Hands-free is the law but that doesn't cover the technicalities of having the phone in your hand and "glancing" at it.

I think most of us are guilty of this but I draw the line at texting, especially the guy on Route 80 who nearly missed my car by an inch for a message way more important than the lives in my car.

ess ess Message ess
Jun '11

Did it happen on Thursday 6/02? I did see cops on main st by the traffic light(hess gas station) checking up cars/drivers. Sorry to hear u got a ticket next time you could do a citizen complaint if they are talking on the cell phone too, because remember cops are also drivers they should obey the law.

The funny part is you could hold a cup of coffee but not a cell phone.
,

BTW I'm not a cop hater, but this a beyond ridiculous. the hpd get the grant from the state and grow how much people hate cops.

Tinko Dinko Tinko Dinko Message Tinko Dinko
Jun '11

39:4-97.3. NJ Cell Phone Law
39:4-97.3 Use of wireless telephone, electronic communication device in moving vehicle; definitions; enforcement.

1. a. The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. For the purposes of this section, an "electronic communication device" shall not include an amateur radio.


b.The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:

(1)The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or

(2)The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.

As used in this act, "hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.

"Use" of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device.

c.(Deleted by amendment, P.L.2007, c.198).

d.A person who violates this section shall be fined $100.

e.No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.

f.The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act.

g.Whenever this section is used as an alternative offense in a plea agreement to any other offense in Title 39 of the Revised Statutes that would result in the assessment of motor vehicle points, the penalty shall be the same as the penalty for a violation of section 1 of P.L.2000, c.75 (C.39:4-97.2), including the surcharge imposed pursuant to subsection f. of that section, and a conviction under this section shall be considered a conviction under section 1 of P.L.2000, c.75 (C.39:4-97.2) for the purpose of determining subsequent enhanced penalties under that section.


Seems like you could fight it since you weren't talking on the phone, but it seems like the law was written intentionally vague.

bemo12
Jun '11

bemo, I just reviewed the law, as well, and I agree. Even if you were checking a phone to see if you had any new messages, it would not clearly entail "use" of the phone, according to the wording of the law. Yes, the law does state that "use" is not limited to talking on the phone--but the law is unclear. If the police begin using such definitions as they see fit, then they could start charging you for having the phone in the backseat of the car, simply because you could listen to the phone ring.

Also, one might note that all of the definitions are extremely vague. For example, what if I have music stored on my PDA-phone, and it's connected by wire to play through my car's radio, and I'm listening to that music, without touching the phone? Now, what if I click the phone to play another song, just as I might click a button on the radio to change the station or to play a CD? It is all far too vague, and the police are too often abusing the power of the law.

Assuming a reasonably honest court (all too rare, unfortunately), it should be fairly easy to fight the ticket. Wondering should admit to having the phone in hand--but point out that it is irrelevant, according to the wording of the law. Bringing the detailed records from the phone company, showing that no calls or texts were made or received on the phone, during the time in question, would also help.

I hope Wondering DOES fight it--it's about time people started fighting those bogus tickets!

LoneWolf LoneWolf Message LoneWolf
Jun '11

I got a ticket for using my cell phone and I was not.......I was holding something in my hand but not a phone. I brought my detailed cell phone bill to the court.......showed it to the officer you meet with before you are called before the judge. Because it showed there were no calls or texts made at that time, the ticket/case ? was dismissed and I didn't pay a penny. There were no 'court costs' and I was there only about an hour. Worth my time.

Hastings Resident Hastings Resident Message Hastings Resident
Jun '11

Really the only illegal use of the phone is having it up to your ear while talking on the phone. Making a call is legal as long as you are hands-free. That said, if a cop sees a phone in your hand, you're busted and you have to take your facts to court to fight it. You should win, but you could lose.

mistergoogle mistergoogle Message mistergoogle
Jun '11

Twice above it was posted that the fine was $100. Well, my ticket was $130. (and this was recent) I wonder why the difference? Maybe old info was posted? I DOUBT the fines have dropped in the last month or so. LOL

SueR SueR Message SueR
Jun '11

The fine is $100. The court cost is $30. There is always a court cost part of tickets.

again
Jun '11

mistergoogle - Texting while driving is also illegal.


So is video, internet, etc. etc. ---- but really, you have to have the phone up to your ear, i.e. --- visible --- and then no matter what you are doing --- you will probably get busted. So, keep it in the down low when hands-free even and watch out in the dark......

mistergoogle mistergoogle Message mistergoogle
Jun '11

"Because it showed there were no calls or texts made at that time, the ticket/case ? was dismissed and I didn't pay a penny. There were no 'court costs' and I was there only about an hour. Worth my time."

Ahhh, but presumption of guilt is priceless. :)

justintime justintime Message justintime
Jun '11

LoneWolf: "Also, one might note that all of the definitions are extremely vague. For example, what if I have music stored on my PDA-phone, and it's connected by wire to play through my car's radio, and I'm listening to that music, without touching the phone? Now, what if I click the phone to play another song, just as I might click a button on the radio to change the station or to play a CD? It is all far too vague, and the police are too often abusing the power of the law."

I have my ipod hooked up through my USB port, next time I see a cop...I'll pass him visible holding my ipod changing the song...I'll let you know what happens!

TFulp TFulp Message TFulp
Jun '11

They made this a "no points" ticket on purpose and the cost was also $130 on purpose as well. If you go to court to fight it than it will take about 3-5 hours of your time. Lets say you make $15 an hour than at the minimum it would cost you about $75 in wages, but many people around here make much more so it would probably cost them even more than that.

I believe the cell phone laws are more about the townships making easy money than anything else. A cop can probably write at least 5 of these tickets per day and so thats about $500 per officer. By the end of the year they have money to buy a police car, hire another cop and feel good about their budget.

John Has John Has Message John Has
Dec '11

I was going to my daughter's the other day and a policeman turned the corner, pulling out right in front of me, wihile holding a cell phone to his ear. If I had hit him, who would have been wrong? By the way, I was not speeding.

Tanya Tanya Message Tanya
Dec '11

Tanya Police are exempt read the laws they may be used in the line of duty for comunnications that cant be said over the radio

Caged Animal Caged Animal Message Caged Animal
Dec '11

Fight the ticket. Its all about principal. Show phone bill.

EYES_OF_TRUTHS EYES_OF_TRUTHS Message EYES_OF_TRUTHS
Dec '11

Don't even bother to fight. I got a ticket for "talking on the cell phone" -- and I WAS NOT. I was pulling down my bottom eyelid to blink a lash out. I tried to explain to him - he said go to court, that's where you argue. I went to court - the officer said he had a clear and unobstructed view of me talking on my cell phone! I did bring my cell phone bill that showed I was NOT on the phone. Final comment from Judge - "I find no reason not to believe this officer of the court". I'm all for keeping us all safe - I have bluetooth and I use it - no matter - if they are handing out tickets, no one will care what really happened.

Already wasted time Already wasted time Message Already wasted time
Jul '12

This thread is over a year old. Try the venting thread.

Bruin Bruin Message Bruin
Jul '12

I will vent here...pfffffffffffffffffffffffft! ah!

itdontmatter
Jul '12

I think this law has gotten out of hand. I agree with not being on your cell phoen while driving but the police are out of control. I was pulled over because he thought I was on my phone. I explained to him that my phone was in my purse and had no charge. My purse was on the floor. He checked it out saw I was right and asked what I was doing with my hand by my ear. I told him that I usually sit with my elbow against my door and rest my head against my hand. He let me go but I think the officers should have a clear visual of a phone in hand.

My other friend had been chewing gum vigorously and was pulled over since the officer thought he was on a cell phone. Fortunately he let him go but shouldn't he have made sure to SEE the phone before pulling over. He could have been on a hands free and that is not against the law.

I think they are enjoying collecting a lot of extra bucks on this law.

Jazzykatt Jazzykatt Message Jazzykatt
Jul '12

My husband was pulled over - Cop thought he saw a cell phone - (the cell phone was in his pocket). My husband point over to his XM radio - and thought it was his cell....

Its the easy ticket blitz for cops - and gives police officers any reason to pull over anyone.

Doesn't it seem as if our rights are diminishing little by little lately?

htown newbie htown newbie Message htown newbie
Jul '12

bruin, so it's now Dec 2012? Hell, I missed a few months somewhere...

Lori...since '73 Lori...since '73 Message Lori...since '73
Jul '12

The thread was started in June 2011.

Tracy Tracy Message Tracy
Jul '12

'I believe the cell phone laws are more about the townships making easy money than anything else. A cop can probably write at least 5 of these tickets per day and so thats about $500 per officer. By the end of the year they have money to buy a police car, hire another cop and feel good about their budget.'

Really John Has? Just easy money more than anything else? Try telling that to the Kuberts: http://www.cbsnews.com/8301-505263_162-57439808/suing-the-sender-distracted-driving-lawsuit-blames-both-texters-for-crash/

Maybe it's more about stopping the idiots driving 80 mph in the left lane while texting and reading the newspaper.

One thing that everyone has missed on this thread: How is the cop supposed to know what you were/weren't doing with a phone in your hand? How many people do you see holding a phone in their hand by their lap yapping away on speaker? How exactly do you propose the try and discern this? I agree that maybe the laws have gone a bit far, but it doesn't seem to be stopping the problem.

MeisterNJ MeisterNJ Message MeisterNJ
Jul '12

I was pulled over because the officer thought I was looking down at my lap and I could have been looking at a cell phone. I know I wasn't looking down, I saw where he was sitting and glanced at him then back to the road. I told him to take a look at my phone and he could see there was no calls or texts sent at that time, he let me go without even running my information.

That being said, texting while driving is awful. Whatever it is it can wait.

LAS LAS Message LAS
Jul '12

I absolutely agree with the law regarding cell phone use. Texting is definitely out, and a hands free device should be the only allowable means of talking. However it should ALWAYS be enforced. I was in stop and go traffic on Rt. 80 recently, and there was a state cop in the third lane, I was in the slow lane and in the middle was guy on his cell phone for the several minutes we were all next to each other. The cop had to have seen him, but he did not do a thing. The traffic eventually opened up and we all went on our way. That is why so many people still use their cell phones improperly. Most of them get away with it. I see people holding their phones all the time.

Tanya Tanya Message Tanya
Jul '12

ok, I was going by the last comment :)

Hadn't been touched for 7 months...

Lori...since '73 Lori...since '73 Message Lori...since '73
Jul '12

So by simply showing you weren't sending texts or making phone calls, you think the judge is going to throw out the ticket because its not on your bill? The law is in place for a reason. People facebook, tweet, read, all of that while driving. Theyre dangerous to other drivers on the road. If you cant wait til you get to where your going to use your phone, you deserve the ticket. This law is in place to protect people who have families driving down the road from morons who swerve into their lane as their facebooking or taking photos of themselves on their phones while driving.

agsunday agsunday Message agsunday
Jul '12

Ok so I live in Cali but this could still answer my question. What if my phone was not in my hand at all. An officer gave me a ticketsaying he saw a phone to my ear. Well common sense says the only reason I'd have my phone to my ear is if I'm making a call. Otherwise what am I listening to the ocean? So I proved in court with phone record and a time motion study that there was no call at the time the officer saw me yet I was still found guilty. I shouldn't have to prove it wasn't a text or anything else where I look at my phone because he "saw" it at my ear and that means phone call. So why did the judge rule guilty? I'm gonna appeal cuz thiss is ridiculous. I was not on my phone.the officer made a mistake and thought he saw something he didn't. It was in my lap and there's no law against that. I proved no phone call. Period

max max Message max
Mar '13

You lost because it was you -vs- cop and in that scenario, you will always lose. Even with proof of no call or text. Its wrong, but thats what happens.

botheredbyu botheredbyu Message botheredbyu
Mar '13

So holding a coffee or cigarette is ok. Talking on a blue-tooth, when engaging in a conversation is actually the distracting part, is ok. But looking at a phone isn't? Because you can't argue the existence of a cell phone in the car, that cop will win the argument every time. And what makes money for the police is what's safe for society.

So essentially, holding my hand over my ear while driving is illegal. Don't you just love our justice system?

D. Stracted Driver
Jun '13

There is a very simple--yet completely absurd--solution to this problem. If you're in your car, and you have your phone in your hand, and you see a police officer, immediately dial 9-1-1. Tell them that you recent passed another driver who was on his/her cell phone and seemed to be distracted to the point of creating a danger. Describe any random car and person (e.g., describe your cousin from Arizona and his car), but tell them you didn't catch the license plate number.

If the police officer pulls you over, explain that you were on the phone with 9-1-1- dispatch, which you are lawfully allowed to do, when driving. If he writes you a ticket, you can use the 9-1-1- dispatch logs as evidence to beat the ticket.

We may live in a police state, but it's a police state with loopholes!

JerseyWolf JerseyWolf Message JerseyWolf
Jun '13

Coming out of our car in a Shoprite parking lot, my 6yr old pointed to a car pulling in and said " That guy's on his phone. He shouldn't be." I was half expecting my son to say something to the guy as we passed him. Even my 6 yr old knows better.

blackcat blackcat Message blackcat
Jun '13

JerseyWolf: Your kidding, right? Or are you really as stupid as your comment?

sadeyes sadeyes Message sadeyes
Jun '13

Well, I DID say it was completely absurd.

Nonetheless, that doesn't make it any less true.

JerseyWolf JerseyWolf Message JerseyWolf
Jun '13

There are five strategies to fight and beat a cell phone ticket.
The first strategy is to challenge the officer’s subjective conclusion.
The second approach would be to challenge the officer’s observations.
The third tactic is to prove your conduct was a “mistake of fact.”
Prove your conduct was “legally justified” would be the fourth strategy.
The last approach would be to prove your conduct was necessary to avoid harm

skippy skippy Message skippy
Jun '13

@JerseyWolf

I sincerely think that is brilliant

D. Stracted Driver
Jul '13

I got this ticket when I stopped to pick my aunt from NJ Elizabeth airport - Terminal B.
This cop was knocking on my window to move out from the terminal and I told him I have to pick my sick and weak aunt and I don't know on what door she is coming out.
1) The maximum time limit to pick at airport is 3 min. And I stopped hardly 1 minute.
2) How can you get a cell phone violation in a stopped vehicle with a trunk open while waiting for a passenger to put her bag in the trunk?
3) The cop said that to fight in the court and explain the judge that you "stopped" to answer the call of your aunt arriving at terminal B. I was using a hands free device on a stopped vehicle. Time mentioned on a ticket is also incorrect.
4) I called the court on due date and the clerk was not able to find my ticket. She said that it is not in their system and I have to wait a week after a court appearance date has passed.
5) I receive a letter from court after a month of due date and they charge me 100 + 30 + 10 dollars extra for not appearing in the court on due date.

Don't know what to do... But I am very careful person and I don't use cellphone at all in a vehicle.

Lawabidingcitizen Lawabidingcitizen Message Lawabidingcitizen
Nov '13

call the court to explain your situation and see if they can reschedule the court date so you can be there to meet with them in person.

The clerk gave you really bad advice to say to wait till after your court apperance date. Not showing up in court automatically tells them that you are pleading guilty to the infraction.

Good luck

Coralie Coralie Message Coralie
Nov '13

i think jerseywolf has a point. they cannot legally ticket you if you were taking the role of a good samaratin. (even though that might not be true) nevertheless, it is one of the only ways that i have heard of that actually works.

yourattrep yourattrep Message yourattrep
Nov '13

Coralie, thank you for your advice. The municipal court phone number in Elizabeth, New Jersey keeps on ringing and it has an automated answering service. No way to reschedule the date. Besides, I am scared to go at night at municipal court in Elizabeth, NJ since drug peddlers and gangs roam on streets over there and its unsafe vicinity.

Previously, the clerk at municipal court, Elizabeth, NJ said to me not to worry as I should call on Thursday after the due date, which I called numerous times and no one was there to answer the phone.

This incident has given a bitter taste to me, and another reason to move out from New Jersey. An absolute power corrupts absolutely.

Lawabidingcitizen Lawabidingcitizen Message Lawabidingcitizen
Nov '13

I'd call the city clerk and ask them to tell you how to get through----

5catmom 5catmom Message 5catmom
Nov '13

I think the Port authorty police enforce parking @ the airport

vous
Nov '13

lawabidingcitizen - Just sounds like he was being an a*hole! Good luck to you.

botheredbyuu
Nov '13

You're right firefly, it's getting ridiculus.

http://www.textinganddrivingsafety.com/texting-and-driving-stats/

Be sure to scroll to the bottom.

texter
Nov '13

Technically Term B and C is in Newark while Terminal A is Elizabeth. Not sure if you can use that excuse to fight the ticket.

Baci's mom Baci's mom Message Baci's mom
Nov '13

Municipal Court in Elizabeth is Monday - Friday 8:45 AM. But my suggestion is since you are now more then a month past your court date, pay the ticket before they suspend your license...

JrzyGirl88 JrzyGirl88 Message JrzyGirl88
Nov '13

If you miss your second court date, they will probably issue a bench warrant for your arrest. If you really don't want to go to Elizabeth, I would recommend paying the ticket.

gadfly gadfly Message gadfly
Nov '13

Isn't it Port Authority that handles the airport?

Mommyof3 Mommyof3 Message Mommyof3
Nov '13

The cop would have pulled you over faster but I'm sure he was texting ; )

Tombo Tombo Message Tombo
Nov '13

"This incident has given a bitter taste to me, and another reason to move out from New Jersey. An absolute power corrupts absolutely."

I received a ticket in the mail a couple of years ago from the Newark Court stating I had a parking ticket which was never paid. The ticket had the exact make of my car and plate #. It was for somewhere downtown Newark which I've never ventured to and on a date that I was working all day.

I had to get a letter from my employment with the parking lot time when my car entered and left to prove I was nowhere near downtown Newark on that day. The ticket was dismissed, the clerk claimed the officer "may" have taken down the wrong plate #. Whatever!

Baci's mom Baci's mom Message Baci's mom
Nov '13

39:4-97.3 Use of hands-free wireless telephone in moving vehicle; definitions; enforcement.



1. a. The use of a wireless telephone by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle.
b. The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:
(1) The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or
(2) The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.
As used in this act, "hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.
"Use" of a wireless telephone shall include, but not be limited to, talking or listening to another person on the telephone.
c. Enforcement of this act by State or local law enforcement officers shall be accomplished only as a secondary action when the operator of a motor vehicle has been detained for a violation of Title 39 of the Revised Statutes or another offense.
d. A person who violates this section shall be fined no less than $100 or more than $250.
e. No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.
f. The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act.
L.2003,c.310,s.1.

1. I would say - you were not on a public roadway
2. you were not operating the vehicle

skippy skippy Message skippy
Nov '13

Newark Liberty International Airport

Elizabeth Violations Bureau
One Police Plaza
Elizabeth, New Jersey 07201
(908) 527-6558

Newark Violations Bureau
31 Green Street
Newark, NJ 07102
(973) 733-6520

skippy skippy Message skippy
Nov '13

No where to park at airport and each terminal is clogged with people sitting in front of terminals waiting to pick people up. You should have known that it is safer to drive around in circles than sit in front of those terminals. Cops over there will give you ticket if you sneeze.

hanna
Nov '13

Got pulled over b/c I was told that I was on my cell phone which I was not. My question is, I was informed that the tickect would come in the mail. Is that correct? I always thoughts tickets are given time of being pulled over?

MPR MPR Message MPR
Jun '14

MPR-hope you fight it

botheredbyuu2 botheredbyuu2 Message botheredbyuu2
Jun '14

I'm pretty sure they can write you a ticket up to 6 months ... Like if they pulled you over for speeding and didn't give you a ticket they can change their mind later on and mail you one

Booster90 Booster90 Message Booster90
Jun '14

Sometimes the officer will give a cell phone or seat belt ticket instead of a speeding ticket so they still get their $ and you get no points. Not sure if you were speeding MPR, just a thought. Never had a ticket sent in the mail though.

hktownie hktownie Message hktownie
Jun '14

If you were not, then just print a phone log to prove to activity at the time.

Jdem Jdem Message Jdem
Jun '14

@mpr same thing happened to me, but I talked to cop out of writing the ticket, explaining to him that writing me a ticket is a waste of both our times, cuz I'm just gonna come to court with my cell phone records. If you weren't on your phone, you weren't on your phone.


Phone log might prove calls but I dont think that helps if the situation is texting, Facebooking or some other smartphone function

TM

Troublemaker Troublemaker Message Troublemaker
Jun '14

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