In New Jersey, lawmakers have proposed a major expansion of the state’s ban on driving while using a cell phone. State legislators are now seeking to ban any behavior that could be classified as “distracted driving.”
NY and NJ are already among 12 states that prohibit the use of cell phones while driving. However, the dangers of distracted driving go beyond cell phone use while driving. Distracted driving endangers everyone, including drivers, passengers, and bystanders. According to the National Highway Traffic Safety Administration (NHTSA), in 2011, more than 3,000 people were killed in traffic accidents involving a distracted driver, while 21,000 people were injured in a crash involving a driver who used a cell phone. Distracted driving is a particular problem for younger drivers. According to the NHTSA, 11 percent of all fatal accidents involving drivers under the age of 20 were caused by distracted driving. If you’ve been involved in a traffic accident in, do not hesitate to contact an experienced traffic defense lawyer at the Law Office of James E. Tyner, PLLC or call 866-642-3807 for a free initial consultation.
New Proposal to Expand the NJ Ban on Driving While Using Cell Phones
Recently, John Wisniewski, the chairman of the Assembly Transportation Committee, sponsored a bill that calls for police officers to ticket drivers who engage in “any activity unrelated to the actual operation of a motor vehicle in a manner that interferes with the safe operation of the vehicle on a public road or highway.” The law would authorize NJ traffic officers to pull over drivers engaging in a variety of behaviors, including eating or smoking. In a show of overwhelming support for the proposal, the transportation committee voted 12-0 in favor of the bill.
The legislation seeks to widen the scope of what constitutes “distracted driving” in New Jersey. The penalties for distracted driving would still be determined by the number of previous offenses:
First Offense: $200 fine for a first offense.
Second Offense: $400 to $600 fine for a second offense.
Third Offense: $600 to $800 fine for a third or subsequent offense. Additionally, a third offense could result in suspension of a person’s driver’s license.
Although NJ police officers can already cite drivers for reckless driving or careless driving, proponents of the new bill say that officers are reluctant to cite those more serious traffic violations because they fear the violations might not hold up under scrutiny in court.
Can I Be Ticketed for Eating While I Drive
There is a debate raging among the bill’s advocates and detractors. Since the bill does not list the activities that constitute “distracted driving,” the ultimate determination of what constitutes “distracted driving” will be left up to NJ police officers. This has led some, including the New Jersey Motorists Association, to criticize the bill for being too vague. Assemblyman Wisniewski counters that it will be easy to limit the scope of the legislation because distracted driving means “not watching the road.”
Of course, the debate over the scope of the bill raises slippery-slope concerns. What if an observer perceives a driver gazing out the car window? Looking at a map? Adjusting the dial on the car radio? Will these be considered infractions?
Although the bill was approved by the Assembly Transportation Committee, it has not yet been introduced in the NJ Senate. The proposed law will not be sent to the governor’s desk unless it is first approved by the senate. Ultimately, the concerns about the bill will have to be addressed before it becomes the law in New Jersey.
If you have been ticketed for distracted driving or any other traffic offense, contact the Law Office of James E. Tyner, PLLC for guidance and representation. Call 866-642-3807 for a free initial consultation.
