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By:
Richard J. Angowski
You see the
lights, you mutter under your breath, and you look for a place to safely
stop on the side of the road. The Officer approaches your car and
calmly states, “License, registration, insurance, please.” You fumble
through your glove compartment and locate the documents. The Officer
looks them over and then, under furrowed brow, asks if you know why you
are sitting in your car on the side of the road.
The answers
range from “Was I going a little too fast?” to “Honestly Officer, I have
no idea.” After March 1st, 2008, a third answer may become
more commonplace. This past session, the New Jersey Legislature has
amended NJSA 39: 4-97.3 making cell phone use while driving a “primary”
offense. Simply put, a “primary” motor vehicle offense is one for which
an officer can execute a motor vehicle stop. Up until this point, cell
phone use while driving was considered a “secondary” offense. A police
officer can write a ticket for a “secondary” offense, but must have an
independent “primary” offense upon which the motor vehicle stop is
based. The law also includes a provision making “text messaging” while
driving a primary offense. If a police officer sees a driver holding a
phone up to his ear or punching away at a keypad, he can pull you over.
The law
provides a “safe harbor” provision for drivers, however. It allows a
driver to use a cell phone in emergency situations. An emergency
situation is one in which a driver fears for his or her safety or
believes that a criminal act “may be perpetrated against himself or
another person.” A driver can also report a car accident or hazardous
roadway condition to the authorities while driving.
Penalties
The
penalties for traditional cell phone use or text messaging while
operating a motor vehicle are stiff. You won’t get any points, but a
person convicted of one of these offenses is subject to a $100.00 fine
and court costs. However, if you are stopped for speeding and the
prosecutor agrees to amend the speeding violation to cell phone usage,
you will be subject to the provisions of the “Unsafe Driving” statute.
So, although you will avoid motor vehicle points for speeding, you will
have to pay the $100.00 penalty plus a surcharge of $250.00 to the
Court.
Hands Free
Devices
As
long as a person is using a hands free device, he or she can continue to
chat away while driving. In recent years, wireless hands free devices
have become more common. It is not uncommon to see a person walking
through the super market with an appendage to their ear seemingly
talking to themselves. These, like the old fashioned wire attached head
sets, will allow a driver to be in compliance with the law. Most new
cars today are equipped with “blue tooth” technology that connects a
cell phone directly to the cars speakers. Be mindful, however, that the
cell phone companies have yet to come up with a way to text message
without using your hands. It is likely only a matter of time before
voice recognition software for text messaging hits the market place, but
at the present time, “LOL ttyl <3 u” will be rewarded with a traffic
ticket.
Listen to the
Radio
It
is clear that the legislature intends to stem the growth of casual cell
phone usage with the passage of the law. Many of us have been
infuriated by other drivers not paying attention to the road because of
their cell phones. Well, as of March 1, 2008 the police can do
something about it. But, be forewarned, the law applies to all of us
equally.
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