Recently, the New Jersey State Senate passed bill S69, which increases fines and authorizes motor vehicle penalty points and license suspension for convictions related to talking or texting on hand-held devices while driving.  The bill amends N.J.S.A. 39:4-97.3 and declares unlawful the use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway.

The bill contains an exception for hands-free devices, provided that the device’s 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.”  The bill, by its express language, would not apply to the use of a citizen’s band radio or two-way radio by an operator of a commercial motor vehicle or emergency vehicle.  The bill contains a further exception for operators using a hand-held phone while driving with one hand only if the operator has reason to fear for his life or safety or the operator is using the device to make a report of fire, accident or road hazard to authorities.

Any person found to have violated the provisions of the bill would be subject to a fine of $200 for a first offense, $400 for a second offense and $600 for a third or subsequent offense.  For a third or subsequent offense, the court, in its discretion, may order the offender to forfeit the right to operate a motor vehicle for a period of 90 days. In addition, a person convicted of a third or subsequent offense would be assessed three motor vehicle penalty points.  An offense would not be treated as a subsequent offense where the prior offense occurred more than 10 years prior.  The original law provided only for a $100 fine for each offense and did not impose motor vehicle penalty points. Fines collected for violation of the proposed law would be used for public education programs designed to inform motorists of the dangers of texting while driving.

The perils associated with driving while texting or talking on a mobile phone are obvious. Should this bill passed by the Senate become law, it should help to make the public roads safer for all drivers, as repeated violations can now result in the loss of driving privileges and harsh  monetary penalties.  Hopefully, this law will help keep drivers’ eyes on the road instead of their cell phones.

If you have been hurt in an accident, contact the accident lawyers of Ginarte today. Call (888) GINARTE for a free consultation on your case and to see how we can help.