New Jersey bans handheld phone use while driving under N.J.S.A. 39:4-97.3, including texting, calling, and scrolling, and state guidance treats a driver stopped in traffic as still operating the vehicle. Fines run $200 to $400 for a first offense, $400 to $600 for a second, and $600 to $800 for a third, plus three points and a possible 90-day suspension. Hands-free use is allowed, with narrow emergency exceptions. If a driver on a phone seriously injures or kills someone, prosecutors can pursue vehicular homicide or assault by auto charges, and victims can seek compensation through a civil claim.
Most of us have glanced at a phone at a red light and thought nothing of it. In New Jersey, that glance can cost hundreds of dollars. New Jersey texting and driving laws are stricter than many drivers realize, and the consequences grow sharply when someone gets hurt.
We created this overview to explain what the rules say, what violations cost, and what to do if a texting driver injures you.
If you need an auto accident lawyer NJ residents can turn to, Mark Yampaglia Law PC is ready to listen.
The NJ texting and driving law is part of a broader hands-free statute, N.J.S.A. 39:4-97.3. In plain terms, drivers may not use a handheld phone or other electronic communication device while operating a moving vehicle on a public road. That covers texting, but it also covers calling, scrolling, and checking apps.
Hands-free use is allowed as long as the device is placed so it does not interfere with safety equipment, including airbags. The Motor Vehicle Commission still discourages hands-free use because it can distract you.
Many drivers assume a red light is a safe time to check messages. The statute applies to the operator of a moving vehicle, but the Motor Vehicle Commission’s guidance treats a driver stopped at a light or in traffic as still operating the vehicle, so the safest approach is to keep the phone down until the car is legally parked.
The statute is written broadly. It refers to wireless telephones and electronic communication devices, so reading email, scrolling social media, or typing into a tablet can create the same problem as sending a text message.
The penalties climb with each offense:
If more than ten years separate two violations, the court treats the later one as a lower-tier offense. Those numbers only cover the ticket, though.
The law makes narrow exceptions. A driver may use a handheld phone to report a fire, a traffic accident, a serious road hazard, a medical or hazardous materials emergency, or reckless driving by someone else. The same applies when a driver has reason to fear for their life or safety, or believes a crime may be committed.
A ticket is not the only risk. New Jersey allows prosecutors to pursue vehicular homicide or assault by auto charges when a driver using a phone kills or injures someone. Under Kulesh, Kubert and Bolis’ Law, illegal handheld use can support an inference that the driver acted recklessly.
Vehicular homicide is generally a second-degree crime carrying five to ten years in prison and a fine of up to $150,000, while assault by auto is a disorderly persons offense when bodily injury results and a fourth-degree crime when the injury is serious.
The law exists because the risk is real. Texting combines visual, manual, and cognitive distraction, which is why safety experts rank it among the most dangerous things a driver can do.
A few seconds of inattention at highway speed covers a lot of ground, and a driver who is looking down cannot react to a stopped car, a pedestrian, or a sudden lane change.
Criminal penalties punish the driver, but they do not pay your bills. A civil injury claim seeks compensation for medical expenses, lost wages, and pain and suffering.
A violation of the texting and driving laws in New Jersey can help show that the other driver was careless, although fault is still decided on the evidence.
New Jersey follows a 51 percent rule, so you cannot recover if you are found more than 50 percent at fault, and your award shrinks by your share of blame. You generally have two years to file a lawsuit, so waiting can cost you.
In practice, that means proving the driver was on the phone through witness accounts, video, and phone records, then connecting that distraction to your injuries.
If a driver on a phone hurt you or someone you love, we can help. At Mark Yampaglia Law PC, we gather the evidence, handle the insurers, and push for the full value of your claim. You can learn more about our New Jersey auto accident services on our website.
We offer free consultations for car accident victims, and our free transportation to consultations means a lack of a ride never stands between you and answers. Reach out to our team at Mark Yampaglia Law PC today to talk through what happened.
A first offense carries a fine of $200 to $400. Repeat offenses cost more and can bring penalty points and, for a third offense, a possible 90-day license suspension. Ten years without a new violation can reset the count.
Yes. If a driver using a handheld phone kills or injures someone, prosecutors can pursue vehicular homicide or assault by auto charges.
Get medical care, make sure police document the crash, and contact us. A consultation at Mark Yampaglia Law PC is free, and we can arrange free transportation.
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