Hawthorne, NJ asked in Traffic Tickets for New Jersey

Q: If I’ve never had an offense before or been pulled over and got a ticket for texting a driving do i get points?

It was leaving my college in bumper to bumper traffic and i was on it for 2 seconds just to put in an adress, what do you think the court will give me

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2 Lawyer Answers
Stuart Nachbar
PREMIUM
Stuart Nachbar
Answered
  • Criminal Law Lawyer
  • Livingston, NJ
  • Licensed in New Jersey

A: 39:4-97.3 Use of a handheld cellphone or electronic communication device while driving (if that it the violation code on the ticket) is a 3 point violation. You can try and plea bargain down by talking to the Prosecutor but you will wind up paying a higher fine

H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • Traffic Tickets Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: I don't know where that other lawyer got his information from. But its no points for a first or 2nd offense and a 3rd offense or more has 3 points. Here is what is says directly on the MVC website:

Use of a handheld cellphone or electronic communication device while driving:

3 Points are assessed against 3rd offense occurring within 10 years of a second offense and all subsequent offenses thereafter.*

Now your insurance company may treat you differently, but for MVC purposes a first offense has no points.

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