CNJ+ August 2024

premiums lower and, potentially, to avoid the suspension of your driving privileges where you are in danger of accumulating 12 motor vehicle points which will result in a temporary suspension of driving privileges. However, it should be pointed out that there are a number of situations in which your acceptance of such a “no point” or “zero point” plea bargain may adversely affect your rights without your knowledge. One such situation is where you have already previously pled guilty to unsafe driving on more than one occasion. Your third guilty plea to unsafe driving within a certain period of time will subject you to four motor vehicle points when you may be under the mistaken belief that you will not be receiving any motor vehicle points. Another such situation where you potentially will need legal representation is where the low-level motor vehicle violation is the result of a motor vehicle accident. The bottom line is that, regardless of what type of motor vehicle violation you are charged with, you should seek the advice of an attorney before appearing in Municipal Court by yourself and entering into a plea bargain which may subject you to other legal ramifications of which you were not aware. Typically, when we receive a call for a motor vehicle violation, we initially attempt to obtain as much information as possible from the potential client to determine whether or not they will require legal representation given their individual circumstances. Accordingly, please feel free to contact us to discuss your individual situation to determine whether or not legal representation is required. STAY OFF YOUR CELL PHONES! By John Bazzurro A recent change in New Jersey Motor Vehicle Law has prompted me to write this article and advise the public of the potential pitfalls of talking on a cell phone or operating an electronic device while operating a motor vehicle within our state. The relevant statute, N.J.S.A. 39:4–97.3 has been amended by our Legislature to increase the fines associated with such an offense and, further, provide the Municipal Court with discretion to suspend driving privileges for a period of up to 90 days for a third or subsequent offense. Further, the revised statute now provides that a third or subsequent offense will also include the imposition of three motor vehicle points. While the suspension of driving privileges and three motor vehicle points are significant for a three or more time of violator, the increase in fines are also rather significant even for a first offender. The statute provides that the fine shall be between $200.00 and $400.00 for a first offender; between $400.00 and $600.00 for a second offender; and between $600.00 and $800.00 for a third or subsequent offense. These penalties have been significantly increased as a result of the change of this statute. It should be noted that talking on a wireless telephone or using an “electronic communication device” by the operator of a moving vehicle on a public road or highway is a violation of the statute. This would include utilizing a smart phone for texting, emails, Internet browsing, etc. Using a “hands-free” device does not violate the statute as long as the placement of the device does not interfere with the operation of the motor vehicle or any equipment within the motor vehicle. Interestingly, an “amateur radio” is not an “electronic communication device” under the statute. Finally, you should be aware that you may use a handheld wireless device while operating a motor vehicle as long as one hand is on the steering wheel if you are contacting emergency personnel where you feel that a criminal act is being perpetrated or you are reporting a hazardous road situation. In this instance, however, you will be required to provide cell phone records to establish that the phone call you were on was, in fact being made to emergency personnel. In conclusion, it would not only be wise to stay off of your cell phone while operating a motor vehicle because of the penalties described above, but also due to fact that utilizing a cell phone, including texting or looking at emails, etc. while operating a motor vehicle could put your life and the lives of others in jeopardy. Should you have any questions concerning any of the above, please feel free to contact our offices. Certified by the Supreme Court of New Jersey as a Civil Trial Attorney Member of New Jersey and New York Bars JOHN T. BAZZURRO, Esq. JARED SPARNROFT, Esq. 200 Meco Drive, Millstone Twp., NJ jtbazzurro@bazzurrolaw.com • BAZZURROLAW.COM

732-671-7100

Specialist

Large Firm Representation With Personal Attention

AREAS OF PRACTICE: • Municipal Court Practice, Including Defense of DWI, Traffic Tickets and Non-Indictable Offenses • Workers Compensation

• General Civil Litigation • Employment Law • Residential and Commercial Real Estate Transactions

• Personal Injury • Motor Vehicle Accidents • Nursing Home Neglect • Wills

Certified by the Supreme Court of New Jersey as a Civil Trial Attorney Member of New Jersey and New York Bars Jared Sparnroft, Esq. 200 Meco Drive, Millstone Twp., NJ Email: jtbazzurro@bazzurrolaw.com 732-410-5350 • www.bazzurrolaw.com

28 CNJ+ | FORMERLY THE MILLSTONE TIMES

MAY 2023

JOHN T. BAZZURRO, Esq. CERTIFIED BY THE SUPREME COURT OF NEW JERSEY AS A CIVIL TRIAL ATTORNEY LAW OFFICES OF JOHN T. BAZZURRO, LLC 200 Meco Drive, Millstone Township, New Jersey 08535 Phone (732) 410-5350 Fax (732) 810-0006

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CNJ+ | FORMERLY THE MILLSTONE TIMES

AUGUST 2024