Q: My 17 year old daughter received a ticket from NJ violation 39:4-97.3 - she is a probationary license
We can prove through Life360 app which monitors phone activity while in motion and Verizon that she was not using her phone while in motion. She was at a red light. Two questions, will the judge accept this and shouldn't the citation be 39:3-13.4 as she is a probationary license holder until 18?
A: Its the correct citation and remember its not whether you were using the phone its whether she was holding the phone which is the violation. If it is a first offense you may consider paying it as hiring a lawyer for these types of ticket is expensive.
A: Judge is not likely to accept this for several reasons such as hearsay so he'd get rid of this issue but telling you that someone from the cell phone co. needs to be here to testify to this to get it admitted into evidence and good luck doing that unless maybe you are that person bc most ppl don't have this kind of info available to them. You're lucky the officer didn't give her both tickets so don't raise your second quest. in court or they may.
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