Under current New Jersey law, drivers are not allowed to use their cell phones while driving without a head set. Doing so is a primary offense, for which you can be pulled over. N.J. Stat. Section 39:4-97.3 provides in part:
"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."
Under the statute, "use" of a cell phone means to talk, listen, text, or otherwise send an electronic message (i.e., email).
Under a prior version of the law, using a cell phone when driving was a secondary offense, meaning that a police officer could not pull you over for a cell phone use violation without a violation of a traffic offense. In other words you must have been first seen violating a traffic law. With the 2007 amendment (effective in March 2008), texting and driving or using a cell phone while driving in New Jersey allowed you to be pulled over immediately.
If you or someone you love was seriously hurt in a car, truck or bus accident, because another driver was using their cell phone or texting, talk to a car accident lawyer in New Jersey to discuss your legal rights.
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