Bergen County Use of a Handheld Phone While Driving Lawyer — How to Fight the Ticket
A ticket for use of a handheld phone while driving in Bergen County is a moving violation under N.J.S.A. 39:4-97.3, carrying 3 motor vehicle points and fines. Law Offices Of SRIS, P.C. provides defense for these charges to protect your driving record and insurance rates. Contact a use of a handheld phone while driving lawyer Bergen County at (609)-983-0003 for a case review.
New Jersey Law on Handheld Device Use While Driving
The New Jersey statute prohibiting the use of a handheld wireless telephone while driving is N.J.S.A. 39:4-97.3. The law makes it illegal to hold a wireless telephone or electronic communication device in your hand or between your shoulder and ear while operating a motor vehicle. This includes talking, texting, emailing, or any other interactive use. The primary purpose of the law is to eliminate driver distraction and improve road safety.
Last verified: April 2026 | Bergen County Central Municipal Court | New Jersey Legislature
Official Legal Resources
For the exact statutory language, refer to the official N.J.S.A. 39:4-97.3 text (New Jersey Legislature). For local court procedures, visit the Bergen County Municipal Court information page (New Jersey Courts).
Local Court Process for a Bergen County Phone Ticket
Your ticket will list a court date at the Bergen County Central Municipal Court in Hackensack or another local municipal court. The prosecutor must prove you were actively using the device. A common defense involves challenging the officer’s clear line of sight and proof of interactive use. An experienced use of a handheld phone while driving lawyer Bergen County can evaluate the state’s evidence and identify weaknesses.
- Review your ticket and note the court location and date.
- Consult with a traffic defense attorney before your first court appearance.
- Your attorney may file for discovery to obtain the officer’s notes and any dashcam footage.
- Attend a pre-trial conference to negotiate with the prosecutor for a reduction or dismissal.
- If no agreement is reached, prepare for a trial where the officer must testify.
- Present your defense and await the judge’s verdict.
Penalties for a Handheld Phone Violation in New Jersey
In Bergen County, a conviction for use of a handheld phone while driving results in a fine, court costs, and 3 motor vehicle points added to your driving record.
| Offense | Classification | Fine Range | Motor Vehicle Points | Other Consequences |
|---|---|---|---|---|
| First Offense | Moving Violation | $200 – $400 | 3 | Court costs; potential insurance surcharge |
| Second Offense | Moving Violation | $400 – $600 | 3 | Court costs; increased insurance surcharge |
| Third+ Offense | Moving Violation | $600 – $800 | 3 | Court costs; possible 90-day license suspension |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in New Jersey Traffic Court
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings extensive experience in New Jersey traffic courts, including Bergen County. We understand the local procedures and focus on protecting clients from points and insurance increases. Our approach is to scrutinize the state’s evidence and advocate for the best possible resolution.
Case Results for Traffic Violations
Our attorneys have successfully defended clients against various moving violations in New Jersey. Outcomes have included dismissals, reductions to non-point offenses, and favorable settlements that avoided license suspension. We apply this focused approach to handheld phone charges.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Bergen County Traffic Defense Lawyers
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
24/7 phone consultations.
If you need an affordable use of a handheld phone while driving lawyer Bergen County, our team is ready to help. We serve clients throughout Bergen County, including near the Bergen County Justice Center in Hackensack, and in communities like Fort Lee, Teaneck, Paramus, and Englewood. As a use of a handheld phone while driving lawyer near me Bergen County resource, we offer accessible legal support.
Frequently Asked Questions (FAQ)
Is using a hands-free device legal in New Jersey?
Yes. New Jersey law specifically prohibits only the handheld use of a wireless telephone. Using a hands-free device, such as Bluetooth or a speakerphone, where you do not hold the phone, is generally permitted under the statute.
Can I get a handheld phone ticket dismissed in Bergen County?
It depends on the evidence. Dismissals are possible if the state cannot prove you were interactively using the device (e.g., you were merely holding it) or if the officer’s observation was obstructed. An attorney can challenge the prosecutor’s case, often skilled to a reduction to a zero-point offense like “unsafe operation.”
How much will my insurance go up with 3 points?
The increase varies by insurer and your driving history. Typically, 3 points for a handheld phone violation can trigger a surcharge that increases your annual premium by 20% or more for three years. Avoiding the points is the primary goal of a strong defense.
Should I just pay the ticket to avoid going to court?
No. Paying the ticket is an automatic guilty plea. You will receive the 3 points on your license and the corresponding insurance consequences. It is almost always better to appear in court or have an attorney represent you to seek a better outcome.
What if I was stopped at a red light when I used my phone?
You can still be ticketed. New Jersey law defines “operating a motor vehicle” broadly, which includes times when the vehicle is stopped in traffic or at a traffic light. The key is whether the vehicle was on a public roadway and you were in control of it.
Related Pages: For other traffic matters, see our New Jersey Reckless Driving Lawyer page. For defense in nearby areas, consider our New Jersey Traffic Ticket Lawyer services. Learn more about our firm on our Traffic Law Hub.
Page Last verified: April 2026. Laws and procedures can change. For current advice regarding a use of a handheld phone while driving charge in Bergen County, contact Law Offices Of SRIS, P.C. at (609)-983-0003.
Under Va. Code § 13.1-1000 et seq., state law governs this practice area.
The same rules apply outside Bergen County, and our page on use of a handheld phone while driving charges across New Jersey walks through each stage.