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Your Phone Behind The Wheel

N.J.S.A. 39:4-97.3 — hands free only, and $200 to $400 for a first offense

Hands free only. In New Jersey, using a wireless phone or electronic communication device while driving a moving vehicle on a public road is unlawful unless it is used hands free, placed so it does not interfere with required safety equipment, and the driver exercises a high degree of caution.

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A hand held phone may be used, with one hand on the wheel, when the driver fears for their safety or believes a crime may be committed, or to report a fire, a crash, a serious road hazard, a medical or hazardous materials emergency, or a reckless or impaired driver.

OffenseFine
OffenseFirstFine$200 to $400
OffenseSecondFine$400 to $600
OffenseThird or laterFine$600 to $800, three motor vehicle penalty points, and possibly 90 days without a license
Sources for this section (1)
  1. N.J.S.A. 39:4-97.3 — Use of a wireless telephone or electronic device while driving

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.

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