Texting While Driving Lawyer New Jersey — What Are Your Defense Options?
Texting while driving in New Jersey is a primary offense under N.J.S.A. 39:4-97.3, carrying fines, points, and potential insurance increases. A conviction can have serious consequences for your driving record and finances. The Law Offices Of SRIS, P.C. provides experienced defense for these charges. Our firm has handled numerous traffic violations across the state.
New Jersey’s Texting While Driving Law
New Jersey law strictly prohibits the use of a handheld wireless telephone or electronic communication device to write, send, or read a text message while operating a motor vehicle. This is defined under N.J.S.A. 39:4-97.3. The statute makes it a primary offense, meaning a police officer can stop you solely for this violation. The law applies whenever the vehicle is in motion, even if stopped in traffic or at a traffic light.
Last verified: April 2026 | New Jersey Motor Vehicle Commission | New Jersey Legislature
Official Legal Resources
For the official text of the law, refer to the New Jersey Statutes section 39:4-97.3. You can find procedural information and court locations on the New Jersey Courts website.
Local Court Process for a Texting While Driving Ticket
In New Jersey municipal courts, texting while driving cases are heard alongside other traffic violations. Prosecutors often have a standard approach for these tickets, but an experienced attorney can identify weaknesses in the state’s case. The officer’s observation is key, and challenging whether the device was actually in use for texting can be a viable defense strategy.
- Receive your ticket and note your court date and municipal court location.
- Consult with a defense attorney before your first court appearance to discuss options.
- Your attorney may file for discovery to review the officer’s notes and any evidence.
- Attend a pre-trial conference where your attorney may negotiate with the prosecutor.
- If no agreement is reached, your case will proceed to a trial before a judge.
- The judge will render a verdict based on the evidence presented.
Penalties for Texting While Driving in New Jersey
In New Jersey, a first offense for texting while driving carries a fine of $200 to $400, plus court costs and fees.
| Offense | Classification | Fine | Points | Additional Consequences |
|---|---|---|---|---|
| First Offense | Traffic Violation | $200 – $400 | 3 | Court costs and fees apply. |
| Subsequent Offense | Traffic Violation | $400 – $600 | 3 | Possible 90-day license suspension. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Traffic Defense
Founded in 1997, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our founding attorney, Mr. Sris, is a former prosecutor who understands both sides of the courtroom. We focus on building a strong, fact-based defense for traffic violations like texting while driving. Our approach is to scrutinize the evidence and protect your driving privileges.
Case Results in Traffic Matters
The Law Offices Of SRIS, P.C. has a documented record of handling traffic and related charges. Our firm-wide focus on diligent defense has contributed to many favorable outcomes for clients. We work to have charges reduced or dismissed where possible.
Results may vary. Prior results do not aim for a similar outcome.
Contact a Texting While Driving Lawyer Near Me New Jersey
If you are searching for a “texting while driving lawyer near me New Jersey,” our firm is accessible to drivers across the state. We offer 24/7 phone consultations to discuss your ticket and initial options. Meetings at our locations are by appointment only to ensure we dedicate our full attention to your case.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747
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Frequently Asked Questions
Is texting while driving a primary offense in New Jersey?
Yes. An officer can stop you solely for the suspicion of texting while driving; no other traffic violation is needed.
How many points is texting while driving in NJ?
Three motor vehicle points are assessed for a texting while driving conviction in New Jersey. These points stay on your record and can lead to surcharges.
Can I fight a texting while driving ticket?
It depends. Defenses often challenge whether the officer could definitively see you texting, as opposed to using a navigation app or holding the phone for a call (which has different rules). An attorney can evaluate the specific facts.
Will my insurance go up if I get a ticket for texting and driving?
Yes, a conviction for texting while driving is very likely to increase your auto insurance premiums, as it is a moving violation that adds points to your license.
Is it worth getting an affordable texting while driving lawyer New Jersey?
Yes. An affordable texting while driving lawyer New Jersey can help you avoid points, fines, and insurance hikes that often cost far more than legal representation over time.
A texting while driving case is one part of distracted driving work, and our page on distracted driving lawyer New Jersey covers the wider process.