Can A Cell Phone Ticket Result In Points On My License?
Yes, a cell phone ticket can result in four (4) motor vehicle points on your license under certain limited circumstances. On March 1, 2008, N.J.S.A. 39:4-97.3 (a cell phone offense) became a primary offense. Prior to this date, an officer needed to witness a driving offense or moving violation before he stop you and ticket you for talking on a cell phone as well. This means that a police officer can now stop you solely for talking on the cell phone (which is a no point offense when it is charged originally by the officer).
The catch (or when points apply) comes in when a person, looking to avoid points, amends or plea bargains some moving violation ticket to a cell phone ticket; thinking they are receiving a no point ticket. When this occurs, the MVC will treat the cell phone ticket as if it were a conviction for unsafe driving. The conviction should show up on your history as N.J.S.A. 39:4-97.2G. However, under the unsafe driving statute, N.J.S.A. 39:4-97.2, a driver will be charged four (4) points if he pleads guilty to a 3rd offense unsafe driving within five years of his/her second conviction of unsafe driving.
To simplify the confusion, any combination totaling three (3) or more offenses of unsafe driving and unsafe driver/cell phone amendments, will result in four (4) points for the third offense if it occurs within five (5) years of the second offense.
