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lwpat
lwpat, Attorney
Category: Traffic Law
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Experience:  Nationally recognized expert on traffic laws and violations.
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I have a ticket for using a cell phone. will it show on my

Resolved Question:

I have a ticket for using a cell phone. will it show on my drving record?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  lwpat replied 1 year ago.

lwpat :

Thanks for using JA. I will do my best to answer your questions. DON’T FORGET, your deposit is not used to compensate me until you rate my service. 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.

lwpat :

Points against your driver's license are not assessed but your insurance carrier may use the violation to increase your rates.

lwpat :

The violation is posted to your record for your insurance company to see if they should check. Some insurance carriers check on a routine basis and some only when you make a change, such as a new car. Only your insurance agent can tell you about your particular insurance carrier and specific situation. Since it is no points most people simply pay the ticket but that is of course completely up to you. Does that answer your question?

Customer:

how does it affect my record because I have a cdl lic

lwpat :

It is still a no points violation but it could be a problem with the FMCSA.

lwpat :

Here is the rule

lwpat :

It depends on whether you were operating a CMV at the time. Here are the FAQ's.

lwpat :

The final rule prohibits commercial drivers from using a hand-held mobile telephone while operating a commercial truck or bus. Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense and disqualification from operating a commercial motor vehicle for multiple offenses. Additionally, states will suspend a driver's commercial driver's license (CDL) after two or more serious traffic violations. Commercial truck and bus companies that allow their drivers to use hand-held cell phones while driving will face a maximum penalty of $11,000. Approximately four million commercial drivers would be affected by this final rule.

Customer:

I was driving drving my car when this happen. if my employer checks my record will the ticket show up?

lwpat :

Yes it will show but you are not subject to the Federal penalties.

Customer:

my employer said if one more violation shows up I could be fired. would this count because it has no penalties

lwpat :

I am sorry but that is a question that I cannot answer since it depends entirely on your employer. However, given your

lwpat :

situation you may want to consider retaining an attorney and fighting the ticket. An attorney can at least put it off for some period of time and that may allow some other violations to go off your record.

lwpat :

Here is a site about New Jersey tickets.

lwpat :

and you can also find attorneys at

lwpat :

Hope this helps and if I have fully answered your question a positive rating is appreciated.

lwpat, Attorney
Category: Traffic Law
Satisfied Customers: 25384
Experience: Nationally recognized expert on traffic laws and violations.
lwpat and other Traffic Law Specialists are ready to help you

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