Legal Question in Traffic Law in New Jersey

Hello,

I got pulled over today on the Garden State Parkway, NJ, by an officer (city, not state trooper) who spotted me operating my iPod ( connected to my car's sound system). He cited me under NJ statute 39:4-97.3. Description: "Improper cell phone use". I clearly told the officer it was an iPod and that my cell phone was in my pocket. He said something to the effect that it doesn't matter. Later I read the statute and it doesn't say anything about mp3 players -

http://www.nj-statute-info.com/getStatute.php?statute_id=1401

Do I have a reasonable case to argue here? The officer said this involves no points, but I'd rather not pay the fine if I was improperly cited. There were no other offenses: I was driving in the right lane, comfortably under 60 mph.

Thank you for any advice.


Asked on 6/14/10, 11:28 am

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

This is a common issue but the State is applying the law to anything up against your ear. Talk to the prosecutor and see what he or she can do for you.

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Answered on 6/14/10, 3:22 pm


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