Put The Phone Down, NJ! What You Need to Know About Cell Phone Driving Laws Under N.J.S.A. 39:4-97.3
Using your phone while driving might seem harmless—but in New Jersey, it’s a traffic violation with serious legal and financial consequences. Whether you're sending a quick text or taking a call, handling a phone behind the wheel can result in steep fines, points on your license, and even accidents with life-altering effects.
At Mennie Heizler Law Group, we’ve represented countless individuals injured by distracted drivers. That’s why we believe every New Jersey motorist should understand what N.J.S.A. 39:4-97.3 says about phone use while driving—and what to do if you’re involved in a related crash.
What the Law Says
Under N.J.S.A. 39:4-97.3, it is illegal to use a hand-held wireless telephone or electronic communication device while operating a moving vehicle on any public roadway—unless the device is used in a fully hands-free manner.
That means:
- No holding your phone to talk
- No texting or typing
- No scrolling social media
- No video calling
Hands-free use is only permitted when:
- The phone is mounted or connected via Bluetooth
- Calls are made using voice activation or speaker mode
- The driver does not have to hold or manipulate the device
Limited Exceptions
You may only use a hand-held phone while driving if:
- You fear for your life or personal safety
- You are reporting an emergency, such as:
- A fire
- A car accident
- A medical emergency or road hazard
- A reckless or impaired driver
Any use outside these narrow exceptions is a violation of the law.
Penalties for Violating N.J.S.A. 39:4-97.3
- 1st Offense: $200–$400 fine
- 2nd Offense: $400–$600 fine
- 3rd or Subsequent Offense: $600–$800 fine, 3 motor vehicle points, and possible license suspension up to 90 days
Commercial Drivers: Fines can reach up to $1,000
Injured in an Accident Involving a Distracted Driver?
Distracted driving is one of the top causes of vehicle crashes in New Jersey—and cell phone use is a major contributor. When a driver is found to have been using their phone at the time of a collision, they may be held fully liable for the injuries and damages caused.
Victims of these crashes often suffer:
- Traumatic brain injuries, fractures, or spinal trauma
- Long-term pain and reduced mobility
- Lost time at work and diminished income
- Mounting medical expenses and emotional distress
And unfortunately, insurance companies often do everything they can to reduce payouts. That’s where Mennie Heizler Law Group steps in.
How Mennie Heizler Law Group Can Help
If you were injured by a distracted driver, our legal team will fight for the compensation and justice you deserve. We manage every step of your injury claim so you can focus on healing.
Here’s how we help:
- Collect crucial evidence (dashcam, eyewitness, phone records)
- Work closely with doctors and specialists to document your injuries
- Handle all communication with the insurance companies
- Fight for maximum compensation, including:
- Medical expenses
- Lost wages and future earning potential
- Pain, suffering, and emotional trauma
Smart Driving Tips to Stay Safe
- Use Bluetooth or a mounted hands-free device
- Program your GPS before driving
- Don’t text or answer calls while in motion
- Turn on “Do Not Disturb While Driving” mode
- Pull over safely if you need to use your phone
- Talk to teen drivers about safe habits—and monitor them
Contact Mennie Heizler Law Group Today
If you’ve been hit by a distracted driver, you don’t have to handle the aftermath alone. The team at Mennie Heizler Law Group is ready to fight for you.
Call us today at (732) 481-9100
Proudly serving Monmouth County and all of New Jersey
Mennie Heizler Law Group
Legal Strength. Personal Attention. Real Results.