The penalties for using a cell phone while driving have increased in 2014. The updated law reads:
“A person who violates this section shall be fined as follows:
(1) for a first offense, not less than $200 or more than $400;
(2) for a second offense, not less than $400 or more than $600; and
(3) for a third or subsequent offense, not less than $600 or more than $800.
For a third or subsequent violation, the court, in its discretion, may order the person to forfeit the right to operate a motor vehicle over the highways of this State for a period of 90 days. In addition, a person convicted of a third or subsequent violation shall be assessed three motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).”
If you are facing license suspension because of previous violations, your attorney may be able ask the court to waive the suspension.
In some situations, courts can waive a discretionary license suspension after holding a hardship hearing. During a hardship hearing, a defendant or his or her attorney explains to the court the reasons why a loss of license would create an undue hardship, such as the inability to get to work or to care for family members.