Have you or anyone you know gotten a ticket for cellphone use?

If you don’t plan to fight it and want to just pay it off, you don’t need an attorney.

@Mariah Do you think I should still bring my cellphone records with me? Does it matter?

I don’t know what the law is in NJ, it’s possible that using your GPS is just as illegal as texting or calling, so the cell records wouldn’t help you there.

Hm. I keep reading that first offense is $200 – $400 so I assume there can be some discussion to lessen your fine. Hence why I mentioned bringing my cellphone records.

In Georgia, there is a new law (effective July 1) which will make it illegal to even hold a phone while driving. see link”

So it’s getting harsher and harsher.

You will pay more for the attorney than the fine would be. Not worth it.

Don’t worry about an attorney. The prosecutor will probably come and talk to you before you appear before the judge and you can tell him about your cellphone records and the GPS. My kids had speeding tickets in NJ. I would try to find out online if this is an offense where you can get points on your license which you don’t want to get. Often you can negotiate paying the higher fine for no points.

@janbb Luckily I won’t get points taken off (In NJ at least) – it’s cited as a non-moving violation.

My niece in WV got fined for using hers. It was 250.00. No points. She had to appear in front of a judge. My brother paid half since he was the one calling her. (She didn’t have to pick it up!)

@Mr_Saturn512 In that case, you might be able to get the lower fine with an explanation. It all varies from town to town though.

Go to court and ask the judge if you may attend a day of driving school in order to get the ticket removed from your record (so your insurance doesn’t go up for 3 years).

Oh man. I didn’t think about insurance. How high can it go because of this?

@Mr_Saturn512 If you don’t get points on your license your insurance won’t go up. So if it’s a non-moving violation your premiums won’t rise.

You don’t need an attorney. Just go in and tell the truth.

Most likely this is how it will go. You’ll go to the courthouse, clear security (much like airport security) and then go to the courtroom you are assigned. Show up early so you are not rushed in case you need to ask questions when you get there.

Once in the courtroom there will be a judge up in front, and likely multiple people in the “audience” just like you waiting to be called and tell their story. It’s just traffic court, no one is going to jail, we aren’t talking hardened criminals, it’s just every day people like you, and the judge himself has broken traffic laws, they usually are fairly open to explanation.

If there is some way to show on your phone or a statement that you were not texting or phoning anyone at the time of the ticket bring that with you.

What you did is no different than looking down at a map, and you waited until at the red light.

Check your ticket and make sure you don’t need to do anything specific to reply that you want a court date.

Dress modestly. This can be seen as a matter of respect for the court. You don’t need to be in a suit, but nothing skimpy or revealing. No shorts, if you’re a man a collared shirt, even if it’s a polo shirt. Avoid t-shirts. A regular button down shirt even better.

The N.J. law reads “hands free”, bringing your cell phone records wont do anything. The fact that you were touching the phone is a violation. I haven’t got a ticket but know someone that did, in another state, they were fined and not the maximum.

^^Interesting. So, what if you use your phone as a map? What if you need to dial a phone number?

You have to use “hand free bluetooth” one of my cars has it. I can “voice dial” while driving @JLeslie.

First I get it to “phone mode” and then I tell it, “Call Home”. It completes the dialing for me.

You can’t touch the phone ( air conditioner vent brackets to hold the phone because California and several other states outlawed mounting window cell phone or GPS clamps on the windshield) while using it for GPS and the authorities frown on looking at the map while driving too.

If you have an Android phone, you can say “Hey Google – Call 8887776666” and it will dial the number. Or, Hey Google, Call Debbie Smith (if she is in your phone book)

But in @Mr_Saturn512 ‘s case, he was looking at his phone to use the map while stopped.

@janbb – the new Georgia law that I mentioned before will also disallow holding the phone even if you are using it for maps. To even legally pick up the phone you have to be parked off the main roadway.

By the way, the new law here will be stiff:

first offense – 1 point – $100
2nd 2 points – $200
3rd 3 points – $300

So be careful driving in Georgia.

@elbanditoroso Has it it is any use of a hand held phone, except if in a parked position with the transmission in park, not stopped on the road at a stoplight..

The NJ law is specific about the use navigation systems, @janbb. It is in the statues no touching or looking at GPS or phones while driving a car (if it is parked and off the road it is okay).

^^ I’m sure you’re right. It’s good to know.

I just wrote a reply before reading the others. The previous reply make it look like the law may make this wrong but… If it were not the law that using a Garmin by hand is an equal offense, I think the following would apply:

Having a lawyer in a simple traffic case might not increase your sympathy with the judge.

I would check the box to contest the charge, bring the billing evidence that you used the Garmin not the phone, and just very clearly deny that you used the phone and say that you used an allowed device, here’s the evidence, the officer was in no position to see what you were doing and is wrong.

You should get off except for the stress and time wasted in contesting it. If you don’t contest it, I’d be concerned your insurance company would find out and raise your rates and so on.

The law here states it is illegal to be talking on your cell while driving unless you’re using a Bluetooth headset or a speaker system. To my knowledge, nobody ever gets stopped & ticketed for it .I think it is a lot like our seatbelt law. They don’t stop you just for that one violation but have been known to tack on the charge when you’ve earned another violation. The ironic thing is almost every time I see somebody talking on their cell while driving , it’s a cop behind the wheel!!!

NJ laws specifies GPS as a no-no. Garmin or Magellan. @Zaku
Turn by turn is okay but you cannot being looking at the GPS or phone and holding it, which is what the ticket was written for by the officer.

@Tropical_Willie, I have concerns about people looking down at their phones when driving, so it’s not like I’m against some laws, but at a stop light? One of the problems where I live is there are very few lights, it’s all roundabouts, and if you don’t know where you are going you don’t have a chance to look at a map.

So, poor people can’t even talk hands free if they don’t have a fancy car, or a cell phone that understands voice commands. That’s for the people who have enough money for those things.

Mind you, talking even hands free has been shown to be a distraction and dangerous, and I agree that it is distracting. It is not the same as talking to people present in the car.

Safety first of course, but at a light people can take a night if their hamburger, fiddle with the radio, make a note with Ken and paper, and not get a ticket, but they can’t touch there phone. Is that right? Even at a light I think it’s impirtant to have one’s attention in the road, but a quick look away, well, when you’re stopped that’s the time. In my opinion.

@JLeslie they may not have the money for “fancy things” but they better show up with cash to pay the fines.
The foot comes off the brake and there is an accident because the driver is distracted, that is why the law written.

Psst @JLeslie, you may want to re write that last paragraph. Lots of typos.

^^Oy, too late. Thanks though. Maybe a mod will fix it. That would be nice. Maybe can you flag it for me for too many typos?

I got a $350 ticket for having my phone sitting on my lap, screen down and not using or touching it with my hands at all. I asked the cop if there was anyway I could fight the ticket, but he just laughed and walked away.

I was so pissed when I ended up getting another ticket a week later for going 87 in a 55mph zone and that ticket cost me $400! How can there be a $50 difference for something as dumb as having a phone on my lap!?!

@Tropical_Willie Interesting, I didn’t know that – thanks.

Put the phone down while driving. This is not rocket science. If you must play with your gadget, pull off the road.

@cheebdragon The dumb part is having any attention at all on your stupid phone. When driving, turn it off and put it in your bag. Seriously, the world can do without you for days at a time. And you can do without your gadget.

Is that how you feel about paper maps too @MollyMcGuire? It’s not as though he was just “playing around” on his phone, he was using the GPS to navigate.

^At a stop light!

^^^ On a public road with engine running and the car in gear. That is what the statue states as a no-no-no ! Break the law and complain about it knowing the law; see you court.

@Mariah I pull off the road to look at a map.

I found this with the laws by state. I guess good to know the laws if you’re doing a long distance trip. This Q was very helpful.

http://handsfreeinfo.com/us-cell-phone-laws-at-a-glance/

@MollyMcGuire I wasn’t playing/listening/looking or using the phone. The phone was literally just sitting on my lap, screen side down.

@JLeslie – aw, man there’s going to be an “audience”? That’s what I’m nervous about. I know it’s no big deal at the end of the day but as the court date draws nearer I just develop this “on—my-guard” anxiety. I think “What if the judge gives me some sass and everyone laughs and I look like a fool? I have to prepare every retort but if I give back sass then the judge will hate me.”

Will the police officer who wrote my ticket also be there?

To clarify again, yes, I touched my phone at a red light in order to look closer at the GPS. Right at that moment a cop was in the lane next to me and stopped at the same red light. He looked right at me.

I ain’t gonna lie about using another GPS – he clearly saw me use my phone. Besides, it’s past the date to notify them about declaring not guilty.

An “audience” full of people like you who are rehearsing what they are going to say in their minds until their turn. They aren’t listening to you, they are preoccupied with their own problem.

Let us know how it goes!

@JLeslie iscompletely right. GA. It’s not like a criminal ase on TV. No one will be warching you.

Any last minute descriptions on the experience? It’s tomorrow morning. Things usually hit me at the last second and I get real anxious.

I was reading up what it’s like and one question I had that wasn’t addressed yet is if the cop who ticketed me shows up. I read in some places that if the cop doesn’t show up you can say “no contest” and the charge drops? Really?

The one time I went to traffic court the cop wasn’t there. Maybe ask some friends who live where you live what their exoerience was.

Even if the cop is there, I think the judge will let you have your say. So your preparation is the same either way. It’s not like there is a lawyer there questioning you. The judge might ask a question, but might not. If the cop is there, and says something you disagree with, I would guess you could ask to respond to that point.

I would keep it short and sweet in general.

What’s the worst that happens? You have to pay the fine and you get some points? Can you take a class in your state so you don’t get points? Is this your first driving infraction? The time I went to traffic court almost everyone before me had their fine reduced and no points were given.

@cheebdragon Why? Put it in your bag or wherever you consider away.

I haven’t nor has anyone that I know. I personally wouldn’t risk it though, just put it away until you get to where you are going. It can wait!