New Jersey Criminal Lawyer & Attorney : Thomas Martin Law Firm : DUI/DWI, Drug Possession, Felony : Freehold, Monmouth County, New Jersey

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.

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Generally, if you have a Pennsylvania license and you are issued a speeding (N.J.S.A. 39:4-98) ticket in New Jersey,  the typical plea bargains to a "no point" ticket that benefit a NJ driver  will not benefit a Pennsylvania driver. In order for a licensed Pennsylvania driver to receive a "no point" ticket in NJ, they should seek to have their plea to the offense amended to a speed between 1 to 5 m.p.h. over the posted speed limit. See 75 Pa. C.S.A. 3362. 

By comparison, when a NJ licensed driver receives a speeding ticket  in Pennsylvania (or other State), he/she will only be assessed 2 points regardless of the speed.

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Ooops! Points on your license can now be assessed against your driver history, raise your insurance rates and lead to a future suspension, even when the ticket has been dismissed in Municipal Court as part of a plea bargain. For instance, the New Jersey Motor Vehicle Commission (NJMVC) has started to assess points on traffic tickets that were deemed in court as dismissed via merger. This craziness originates from an unpublished Appellate Division case titled State v. Price. The Price opinion held that points connected with violations that are dismissed by way of merger into the more serious included offense survive the merger and should be assessed to a driver.

By way of example, say a person is charged with driving while intoxicated (the more serious offense-DWI is codified as N.J.S.A. 39:4-50) and reckless driving (the lesser included offense of DWI; which carries 5 points and is codified as N.J.S.A. 39:4-96) and after a consulation with an experienced attorney (who has throughly reviewed the discovery and filed all applicable motions), it is clear that there are no defenses to the DWI. Then in this instance, if a plea bargain is struck, the driver would plead guilty to DWI and the reckless ticket would be dismissed by way of merger (thus appearing to save the driver 5 points). However, under State v. Price, since the dismissal of the 5 point reckless ticket was by way of merger, then NJMVC will assess the 5 points; unbeknownst to the driver.

The proper approach for dismissing this ticket is by motion of the Prosecutor (State) for a directed verdict of not guilty; which should insulate your from NJMVC points.

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What are Surcharges and Do They Affect Me?

Surcharges are monetary penalties  assessed by the Motor Vehicle Commission (MVC) on a yearly basis for drivers who have been issued excessive points or committed a specific violation such as DWI. Surcharges are in addition to any court fines and penalties and are assessed by the MVC.

Why do I get surcharges?

Your motor vehicle history is checked by MVC every time points are assesed to it. If you acquire six (6) or more points within three years from your last posted violation, you will receive a $150 surcharge plus $25 for each additional point. The following is a list of surcharges that apply to specific convictions for offenses. They are...

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New Jersey Motor Vehicle Commission (NJ MVC) Points

          We have all heard, either through a driver's education class or by the angry police officer standing next to our car, that "driving isn't a right, it is a privilege." If you are found guilty or pled guilty to a traffic infraction (such as speeding, reckless driving, driving without insurance, DWI or while suspended, etc.), your privilege to drive may be revoked or suspended. This will result in fines, yearly surcharges, increases in your car insurance premiums and even jail. The severity of your actions are patrolled by the MVC using a point system. When you are convicted of certain moving violations, MVC will punish you by adding points to your driving history or abstract. As a general rule, you only get points on your record for moving violations.

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The Motor Vehicle Commission (MVC) has stated that they have reached an agreement to enter a partnership with two organizations that will offer on-line defensive driving courses to New Jersey drivers. Under the current state of New Jersey law, a driver who successfully completes a defensive driving course is entitled to a two-point reduction in his or her point total. The point reduction can only be awarded once every five years following the completion of the defensive driving course.

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