“Hands-Free” Cell Phone Use Case Decided by NJ Appeals Court
March 13, 2022 - Posted by Ed Esposito
On March 9, 2022, the New Jersey Appellate Division published a decision interpreting our motor vehicle law governing the use of a hands-free and hand-held wireless communication device while driving. N.J.S. 39:4-97.3(a)-(b) contains permissible and impermissible uses of such devices, and states in pertinent part:
The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. . .
As used in this act: . . ."Hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone. . .
“Use” of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device. . . [Emphasis added]
The recent ruling stems from an appeal of a municipal court’s decision that found the operator of a vehicle was guilty of violating this statute when he used his phone for GPS purposes, and he took his eyes off the road to do so. The defendant in the case was issued a summons during a motor vehicle stop that was initiated after an officer observed him driving while holding his cell phone and moving his fingers "in a texting like manner." During the stop, the defendant told the officer that he was “activating his phone to use the hands-free navigation function, specifically to pull up Google Maps and search for directions to his ultimate destination.” (State v. Troisi A-1324-20)
The defendant in this case argued that his actions were within the scope of activity permitted by N.J.S. 39:4-97.3 “because he was engaging in an activation process within the plain meaning of the statute." (Ibid. Internal punctuation omitted.)
The Court disagreed with this argument and stated, “the plain language and legislative history of the statute support the finding by each court that defendant's actions in handling his phone while driving went well beyond permissible cell phone "activation" or "initiation" envisioned by the legislature. [The] [d]efendant admitted that his conduct in the car required him to divert his attention from steering his vehicle on a public road for enough time to enter his six-digit passcode, open the Google Maps app, and place the cursor in the search window. Such conduct is a violation of N.J.S. 39:4-97.3 and we find this result is consistent with the Legislature's express intent.” (Ibid.)
The defendant in this case also argued that because the statute’s “definition of "use" contains the words "but not limited to" the statute is "so broad and vague that it fails to give the kind of notice that would enable ordinary people to understand what conduct is prohibited." (Ibid. Internal punctuation omitted.)
The Court also disagreed with this argument and stated, “text messaging or sending electronic messages entails entering multiple inputs into a device which diverts a driver's focus away from the road. We conclude that this category of behavior, when read together with the "but not limited to" language, fairly puts motorists on notice that making multiple keystrokes on their cellphone to locate and use an app such as Google Maps while driving would constitute an offense.” (Ibid.)
In short, the Court’s ruling makes it clear that pressing a series of numbers on a wireless device or phone to access its applications while operating a motor vehicle is a violation of N.J.S. 39:4-97.3. According to the statute, only the use of either hand to activate, deactivate, or initiate a function of the telephone is permitted and making multiple keystrokes that diverts a driver's focus away from the road is not permitted.
On March 9, 2022, the New Jersey Appellate Division published a decision interpreting our motor vehicle law governing the use of a hands-free and hand-held wireless communication device while driving. N.J.S. 39:4-97.3(a)-(b) contains permissible and impermissible uses of such devices, and states in pertinent part:
The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. . .
As used in this act: . . ."Hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone. . .
“Use” of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device. . . [Emphasis added]
The recent ruling stems from an appeal of a municipal court’s decision that found the operator of a vehicle was guilty of violating this statute when he used his phone for GPS purposes, and he took his eyes off the road to do so. The defendant in the case was issued a summons during a motor vehicle stop that was initiated after an officer observed him driving while holding his cell phone and moving his fingers "in a texting like manner." During the stop, the defendant told the officer that he was “activating his phone to use the hands-free navigation function, specifically to pull up Google Maps and search for directions to his ultimate destination.” (State v. Troisi A-1324-20)
The defendant in this case argued that his actions were within the scope of activity permitted by N.J.S. 39:4-97.3 “because he was engaging in an activation process within the plain meaning of the statute." (Ibid. Internal punctuation omitted.)
The Court disagreed with this argument and stated, “the plain language and legislative history of the statute support the finding by each court that defendant's actions in handling his phone while driving went well beyond permissible cell phone "activation" or "initiation" envisioned by the legislature. [The] [d]efendant admitted that his conduct in the car required him to divert his attention from steering his vehicle on a public road for enough time to enter his six-digit passcode, open the Google Maps app, and place the cursor in the search window. Such conduct is a violation of N.J.S. 39:4-97.3 and we find this result is consistent with the Legislature's express intent.” (Ibid.)
The defendant in this case also argued that because the statute’s “definition of "use" contains the words "but not limited to" the statute is "so broad and vague that it fails to give the kind of notice that would enable ordinary people to understand what conduct is prohibited." (Ibid. Internal punctuation omitted.)
The Court also disagreed with this argument and stated, “text messaging or sending electronic messages entails entering multiple inputs into a device which diverts a driver's focus away from the road. We conclude that this category of behavior, when read together with the "but not limited to" language, fairly puts motorists on notice that making multiple keystrokes on their cellphone to locate and use an app such as Google Maps while driving would constitute an offense.” (Ibid.)
In short, the Court’s ruling makes it clear that pressing a series of numbers on a wireless device or phone to access its applications while operating a motor vehicle is a violation of N.J.S. 39:4-97.3. According to the statute, only the use of either hand to activate, deactivate, or initiate a function of the telephone is permitted and making multiple keystrokes that diverts a driver's focus away from the road is not permitted.