Is it illegal to use a hand-held phone while driving in New Jersey?
A police officer sees you texting on a hand-held phone while driving in New Jersey. Can you be stopped for that alone?
The answer
Yes. Talking or texting on a hand-held wireless phone while driving is a primary offense in New Jersey, so an officer can stop you for it by itself.
State Highway Traffic Safety guidance says the law makes it a primary offense for a motorist to talk or text on a hand-held wireless phone.
Pull over safely before you use the phone.
Exceptions
- In an emergency you may use a hand-held phone with one hand on the wheel, for example to report a fire, a crash, a serious road hazard, or a reckless or impaired driver, or if you fear for your safety or believe a crime may occur.
Penalty
The MVC points schedule lists 3 points for use of a hand-held phone or electronic device while driving, which a footnote says applies to a third offense within 10 years of a second offense and to later offenses. The 2008 safety bulletin says violations carry a fine and did not list points.
Why this rule matters for safety
Reading or typing takes your eyes and mind off the road. At 55 mph a car travels about 80 feet every second.
Drivers who hold a phone also steer with one hand, which makes it harder to react to a sudden stop.
Official sources
- Traffic Safety Bulletin 1: primary enforcement of the hand-held phone law · New Jersey Division of Highway Traffic SafetyPrimary offense to talk or text on a hand-held wireless phone; emergency exceptions (February 2008)
- Motor vehicle points schedule · New Jersey Motor Vehicle CommissionN.J.S.A. 39:4-97.3: use of a hand-held cellphone or electronic communication device
Rules checked against these sources on . Laws change. Confirm with the New Jersey agency before you rely on this for a legal matter.
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