Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. ELLIOTT MALONE -- rank: 1000

... charge of improper use of a cell phone while driving, N.J.S.A. 39:4-97.3. Although the Law Division judge found that defendant's cell ... s conclusion that such conduct necessarily constitutes a violation of N.J.S.A. 39:4-97.3, and therefore reverse defendant's conviction. I. On April 7 ... device, the municipal court judge found defendant guilty of violating N.J.S.A. 39:4-97.3. The judge imposed a $106 fine and $33 in court ... court entitled him to the dismissal of the charge; 3) N.J.S.A. 39:4-97.3 is unconstitutionally vague; 4) the judge's analysis of the ... telephone or the electronic communication device is used hands-free . . . . [ N.J.S.A. 39:4-97.3(a) (emphasis added).] The statute defines "use" to "include, but ... to "activate, deactivate, or initiate a function of the telephone," N.J.S.A. 39:4-97.3(a), and that this activity may lawfully entail pressing ...

docket:	a6176-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-12
status:	unpublished
citation:
Document Size:	35957

2 STATE OF NEW JERSEY v. MICHELANGELO TROISI, -- rank: 817

... guilty finding against him in Princeton Municipal Court for violating N.J.S.A. 39:4-97.3, use of hands-free and hand-held wireless communication devices ... Law Division's interpretation of what constitutes impermissible conduct under N.J.S.A. 39:4-97.3 was correct and there is sufficient credible evidence in the ... ultimate destination. Officer Strobel issued defendant a citation for violating N.J.S.A. 39:4-97.3. Defendant challenged the citation in Princeton Municipal Court. At trial ... s testimony credible and concluded that defendant's conduct violated N.J.S.A. 39:4-97.3. The court imposed a $206 fine and court costs of ... his actions were within the scope of activity permitted by N.J.S.A. 39:4-97.3, enacted in 2007, because he was 'engaging in [an] activation process . . . within the plain meaning of the statute[.]' N.J.S.A. 39:4-97.3 governs the use of hands-free and hand-held ...

docket:	a1324-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-09
status:	Published
citation:
Document Size:	22934

3 LINDA KUBERT AND DAVID KUBERT v. KYLE BEST, SUSAN R BEST EXECUTRIX OF THE ESTATE OF NICKOLAS J. BEST DECEASED and SHANNON COLONNA -- rank: 739

... free" while driving, except in certain specifically-described emergency situations. N.J.S.A. 39:4-97.3. 1 An offender is subject to a fine of $100. N.J.S.A. 39:4-97.3(d). For future cases like this one, the State Legislature ... but not in the analysis of the majority opinion. 1 N.J.S.A. 39:4-97.3 states in part: a. The use of a wireless telephone ...

docket:	a1128-12
court:	NJ Superior Court Appellate Division
decided:	2013-08-27
status:	published
citation:	432 N.J.Super. 495 75 A.3d 1214
Document Size:	79432

4 STATE OF NEW JERSEY v. WILLIE R. RAINS -- rank: 724

... was stopped for using his cell phone whil e driving, N.J.S.A. 39:4-97.3. Defendant was issued a ticket for driving while his license ...

docket:	a1788-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-23
status:	Unpublished
citation:
Document Size:	18976

5 STATE OF NEW JERSEY v. GAIL LAWRENCE -- rank: 703

... 39:4-82; and using a cell phone while driving, N.J.S.A. 39:4-97.3. The judge imposed consecutive sixty and ninety-day license suspensions ...

docket:	a3194-11
court:	New Jersey Superior Court Appellate Division
decided:	2016-08-08
status:	Published
citation:
Document Size:	44232

6 STATE OF NEW JERSEY v. DONALD F. BURKE, SR -- rank: 694

... 88; (3) improper use of cellphone while driving, contrary to N.J.S.A. 39-4.97.3; and (4) careless driving, contrary to N.J.S.A ...

docket:	a0503-22
court:	NJ Superior Court Appellate Division
decided:	2023-07-19
status:	Unpublished
citation:
Document Size:	34982

7 STATE OF NEW JERSEY v. SHANGZHEN HUANG -- rank: 694

... wireless telephone while driving a motor vehicle in violation of [N.J.S.A.] 39:4-97.3[;] . . . [and (4)] defendant failed to maintain a lane in violation ...

docket:	a2852-17
court:	NJ Superior Court Appellate Division
decided:	2018-10-22
status:	Unpublished
citation:
Document Size:	36437

8 /usr/local/share/www/libweb/collections/courts/appellate/a3581-18.opn.html -- rank: 691

... 49.1; improper use of a cell phone while driving, N.J.S.A. 39:4-97.3; delaying traffic, N.J.S.A. 39:4-56; improper ... Id. at 518 (citing Locurto, 157 N.J. at 470). N.J.S.A. 39:4-97.3 provides: The use of a wireless telephone or electronic communication ... reasonably consistent with conduct A-3581-18T1 10 prohibited under N.J.S.A. 39:4-97.3 and therefore it was not unreasonable for Officer Maynard to ...

docket:
court:
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Document Size:	23653

9 STATE OF NEW JERSEY v. REGINALD I. EAFORD-MOSES -- rank: 685

... S.A. 39:3-40; driving while on a cellphone, N.J.S.A. 39:4-97.3; and reckless driving, N.J.S.A. 39:4-96 ...

docket:	a3891-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-05
status:	Unpublished
citation:
Document Size:	29631

10 STATE OF NEW JERSEY v. HANY ABRAHAM -- rank: 664

... impermissibly using a cell phone while operating a motor vehicle, N.J.S.A. 39:4-97.3, after a trial de novo in the Law Division. On ... impermissibly using a cell phone while operating a motor vehicle, N.J.S.A. 39:4-97.3. On March 7, 2016, the Law Division held a trial ... impermissibly using a cell phone while operating a motor vehicle, N.J.S.A. 39:4-97.3. Defendant now appeals. II. Our standard of review is clear ... showing of error." Locurto , supra , 157 N.J. at 474. N.J.S.A. 39:4-97.3(a) states: The use of a wireless telephone or electronic ... phone. This testimony clearly supports the finding that defendant violated N.J.S.A. 39:4-97.3. The record lacks any support for defendant's contention that ...

docket:	a4270-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-23
status:	unpublished
citation:
Document Size:	15737

11 STATE OF NEW JERSEY v. OMAR GASSAMA -- rank: 643

... 4-96; and using a handheld cell phone while driving, N.J.S.A. 39:4-97.3. At the conclusion of the trial, the municipal court issued ... CONVICTING DEFENDANT OF [USING A HANDHELD CELL PHONE WHILE DRIVING,] N.J.S.[A.] 39:4-97.3, A-0971-18T4 3 GIVEN LACK OF PROOF BEYOND A ... Further, defendant failed to satisfy any exception set forth in N.J.S.A. 39:4-97.3(b). This appeal followed. A-0971-18T4 10 II. Our ...

docket:	a0971-18
court:	NJ Superior Court Appellate Division
decided:	2019-06-10
status:	Unpublished
citation:
Document Size:	21799

12 STATE OF NEW JERSEY v. GLENN D. ZIELINSKI -- rank: 616

... of driving while using a cell phone in violation of N.J.S.A. 39:4-97.3. He now appeals from his de novo conviction in the ... on-scene investigation, Silva issued a summons for violation of N.J.S.A. 39:4-97.3. Silva and defendant were the only witnesses who testified at ... his phone. Defendant was then issued a summons for violating N.J.S.A. 39:4-97.3. 1 It does not appear that the motion to suppress ... REASONABLE DOUBT THAT [] DEFENDANT WAS GUILTY OF A VIOLATION OF N.J.S.A. 39:4- 97.3. POINT II THE POLICE OFFICER LACKED PROBABLE CAUSE TO STOP ... beyond a reasonable doubt that defendant was guilty of violating N.J.S.A. 39:4-97.3. As we have noted, this case boils down to a ...

docket:	a3727-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-31
status:	Unpublished
citation:
Document Size:	16799

13 STATE OF NEW JERSEY v. DAVID R. HARY -- rank: 613

... violations and charged with driving while on a cell phone, N.J.S.A. 39:4-97.3; driving with an expired license, N.J.S.A. 39 ...

docket:	a0599-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-04
status:	Unpublished
citation:
Document Size:	20887

14 STATE OF NEW JERSEY v. MARLON D. HARGIS -- rank: 604

... talking on a hand-held cell phone in violation of N.J.S.A. 39:4-97.3. That violation prompted the stop. As defendant handed over his ...

docket:	a5001-10
court:	NJ Superior Court Appellate Division
decided:	2014-03-05
status:	unpublished
citation:
Document Size:	24853

15 STATE OF NEW JERSEY v. DANIELLE M. MANGIONE -- rank: 598

... 125, and using a hand-held cell phone while driving, N.J.S.A. 39:4-97.3, after a trial de novo in the Law Division. On ... up against her ear," and found defendant guilty of violating N.J.S.A. 39:4-97.3. The court imposed the same fines and costs assessed by ...

docket:	a4416-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-26
status:	unpublished
citation:
Document Size:	29016