Many state laws limit or ban the use of cell phones while operating a motor vehicle to combat the increase in distracted driving car accidents. In New Jersey, it is illegal to text without a hands-free device while driving, and drivers may be fined up to $400 for a first-time offense, $600 for a second offense, and $800 for a subsequent offense.
After a third offense, a driver may face license suspension in addition to fines. A traffic citation can be a useful tool in proving that the defendant driver was not following traffic laws and is therefore civilly liable for an injured person’s subsequent damages.