Cell Phone Ticket -- NJ

[boanon]

What is the name of your state (only U.S. law)? NJ

Hello, My wife got a ticket for cell phone use while driving in NJ. The problem is that according to the law, she is not guilty. She was talking on speaker phone and picked it up to hang it up, which is when the officer saw her. He pulled her over and asked if she was talking. She said on speaker and only picked it up to hang it up. He gave her a ticket. NJ Law #1 Allows the use of speaker phone when driving and #2 NJ Law specifically allows use of hands on a cell phone to activate, deactivate, or initiate a function on the phone.

Any tips on fighting this in court that will amount to more then he said/she said?

Thanks
Ben

 

[mightymoose]

Make that same argument in court. Bring the phone and related equipment to demonstrate what must be done.
In court, ask the officer if he saw the phone held up to the ear. Question the officer and have him thoroughly explain what he saw.

 

[scubaman99]

Cell Phone Ticket NJ

Ben,

What ever happened with this? I was driving yesterday. I had my bluetooth in my ear and reached down to get my phone and dial my wife (1 touch speed dial). I was subsequently pulled over by a cop who told me hands free meant hands free. After reading the law myself, I came to the same conclusion as you that I was activating or initiating a function of the phone and not violating the statute.

Let me know what happened if you went to court.

Todd

 

[mightymoose]

Just because you got a citation does not mean you did anything wrong. Explain your actions in court and show that you were in compliance. Question the officer as to exactly what he saw. If he gives the same "hands free means hands free" argument in court the judge will likely give him a verbal slap upside the head for being such a dimwit.
As long as you were not texting or otherwise fooling around with the phone you should be fine.