Lakewood Judge Sides With Driver, Dismisses Summons For Holding Cellphone To Check Calendar

holding-phone-when-driving-150x150On April 29, 2010, TLS posted a statement from Police Chief Rob Lawson in response to a motorist receiving a summons for checking his calendar while driving. The statement read as follows: If it was for illegal use of the cell phone, advise him that he can go to court and plead not guilty if he feels that the summons was unfair. In court he can present the facts to the Judge and let him decide if the charge is appropriate. Not knowing all the facts in this case, it would be hard to say if this was the appropriate charge but just based on the email, I think it was. In my opinion, checking a date on a calendar on your cell phone while driving may not be the explicit criteria set forth in 39:4-97.3 but it is in the spirit and the intent of the statute to prohibit such conduct ( motorist initiated distractions while driving). An alternative could have been to charge the motorist with Careless Driving 39:4-97 which unlike the previous statute would be potentially more onerous incurring motor vehicle, insurance eligibility points and as higher fine.

A resident who received a similar Summons did actually go to court to fight the Summons, although it took him three trips to Court to finally settle the case.

When Judge Scott Basen of Lakewood presented the charge to the driver several weeks ago, the driver, wishing to make his point that motorist initiated distractions can involve eating or drinking too, asked the Judge, “So if I pick up my cell phone to scratch myself, would I get a Summons for that too”?

The Judge sided with the defendant and the ticket was dismissed.

As Police Chief Rob Lawson said, it’s for the Judge to decide.

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4 COMMENTS

  1. NJ Statutes – NJSA 39:4-97.3 : ” “Use” of a wireless telephone shall include, but not be limited to, talking or listening to another person on the telephone. ”

    Not sure why checking a calendar isn`t included.

  2. Nothing unusual about this decision. It was just a matter of time the pressure of politics would change the judges decision. (or he might be out the door)

  3. I wouldn’t advise testing this one time fluke with a political appointed judge. The defendant did have to miss work/school for 3 visits and didn’t say if he was represented by an attorney. So one who is reasonable would conclude, why take a chance, if I don’t know what day it is, and my cell phone just happens to be out so I can see it.Pull over to check and see what day it is. Buy a wireless headset, and avoid the hassle and potential fines and monetary loss.

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