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New Jersey Traffic Guide

Cell Phone & Moving Violations

A practical explanation of the New Jersey traffic law, Municipal Court process, and Motor Vehicle Commission consequences behind this issue.

Many New Jersey traffic cases involve common moving violations rather than speeding or a crash. The point value and statutory elements vary, so the exact charge matters.

Handheld Cell Phone Use

N.J.S.A. 39:4-97.3 generally prohibits use of a handheld wireless telephone or electronic communication device while operating a moving motor vehicle on a public road or highway, subject to statutory exceptions.

The MVC assesses 3 points for a third conviction occurring within ten years of the second conviction and for subsequent offenses thereafter.

Sources: N.J.S.A. 39:4-97.3; NJ MVC Points Schedule.

Lane Violations

Failure to observe traffic lanes under N.J.S.A. 39:4-88 carries 2 MVC points. The factual question can turn on road markings, lane movement, surrounding traffic, and the officer’s observations.

Following Too Closely

Tailgating under N.J.S.A. 39:4-89 carries 5 MVC points. For CDL holders, following too closely can also fall within the federal “serious traffic violation” framework.

Signals, Stop Signs, and Failure to Yield

The MVC point schedule assigns points to many common moving violations, including failure to stop for a traffic light, stop-sign and yield violations, improper turns, and failure to yield.

School Bus Cases Carry Significant Exposure

Improper passing of a stopped school bus under N.J.S.A. 39:4-128.1 carries 5 MVC points. These cases can depend heavily on the location of the bus, its signals, roadway configuration, and what the driver could see.

The Ticket Should Be Evaluated in Context

A two-point charge may be important when the driver is close to an MVC suspension threshold. A five-point offense may be especially important for a CDL holder. A no-point disposition may still carry financial or other consequences.

The useful question is not simply “How many points?” It is what this conviction does to this driver’s record, license, insurance, or commercial driving privilege.
About the authorities. These guides use the current New Jersey motor-vehicle statutes, MVC materials, Court Rules, Judiciary guidance, and published decisions. Penalties and collateral consequences can depend on the exact subsection, prior record, license status, and reason for any suspension.
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