SJTSA

        Serving Atlantic, Cape May, Cumberland and Salem Counties
    
Established 1998

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Distracted Driving

Cell Phones


Effective March 1, 2008 - New Jersey law makes using a hand-held communications device a primary offense. Authorities will issue a $100 fine to any driver caught violating this law, although no points will be issued to the license. Although it is discouraged, drivers may use a hands-free device if it does not interfere with standard safety equipment. “Use” of a wireless phone and any other hand-held communication device includes, but is not limited to, talking or listening to another person, texting, or sending and receiving electronic messages.

Exceptions to permit the use of a hand-held wireless telephone are:

-    The operator has reason to fear for his/her life or safety, or believes that a criminal act may be perpetrated against him/herself or another person.

 

-      The operator is using this device to report to appropriate authorities: a fire, traffic crash, serious road hazard, medical or hazardous material emergency, or another motorist who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. 

Primary Offense - means an officer can pull a driver over for that action. 

Effective July 18, 2012

Kulesh, Kubert and Bolis Law  - 
Giving New Jersey the toughest hands-free cell phone law violation in the nation, allowing for full prosecution of cell phone users if they drive recklessly and
cause serious harm or death.  It also increases first offense penalty (fine) to $200.00.  Second offense in 10 years would be a $400.00 fine.  Third and subsequent offenses within 10 years would be $600 plus a 90 day license suspension and 3 points against drivers license.  These violations include texting. 

Specifically, if a hand-held cell phone user causes a serious crash they could be prosecuted under criminal homicide or assault by vehicle.  If a death occurs that charge would be vehicular homicide.  Penalties would include prison time up to 10 years and fines up to $150,000, similar to drunken driver punishments.

 

Massachusetts teen driver gets 2 1/2 year jail sentence for motor vehicle homicide and negligent operation of a vehicle while texting.  The high school teen had sent a total of 193 text messages that day with some minutes before the crash and dozens afterwards.  He faced a maximum of 4 years behind bars and was ordered to surrender his driver’s license for 15 years.   

Landmark Decision
June 6, 2012

 

 

Helen Kulesh was walking across the street when she was hit and killed by a driver talking on her cell phone.  Phone records indicate the driver had been on her cell phone for 21 seconds at the time of the crash.  The driver that killed Helen Kulesh spent a day and a half in jail for motor vehicle violations.  Under the Kulesh, Kubert and Bolis law she could have been charged with vehicular homicide.  

                 1916 - 2006

 

 

 

David and Linda Kubert each lost a leg when a teen driver drove his pickup truck into their Harley-Davidson Motorcycle.  They were about 1 mile from their New Jersey home the driver crossed the center line and hit them head on.  David Kubert said he saw it coming.  “What I saw was a gentleman in the truck with his head down steering with his elbows.  I knew he was texting.”   

In a Landmark Case, Kubert's sued both the driver and his girlfriend for civil damages, claiming she knew he was driving and contributed to the distraction that caused the crash.  Phone records indicate they exchanged 62 texts that day. 

 

Toni Bolis and her unborn son were killed only two days before she was to give birth.  The driver, a 21 year old, admitted to looking down at his GPS before crashing.  In a plea deal, the driver was fined $257.00, lost his driving license for 1 year and has a 15 day suspended prison sentence if he speaks at 3 anti-distracted driving presentations with Toni’s sister, Angela Donato.   

1983 - 2011

 

 

 

 

 

Company cell phone policies should prohibit:
            - cell phone use when using company vehicle whether personal or company cell phone
            - cell phone use on company property, whether personal or company cell phone and/or vehicle
            - use of company cell phone use in private vehicle 

 

 


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