Hands Free Required? Not Always
In New Jersey, state law prohibits drivers from talking to or listening to another person on the telephone, text messaging or sending an electronic message unless the driver is using a hands-free device. But even when using a cellphone hands-free, it is sometimes necessary to push certain buttons on the phone, for example to start a call, end a call or initiate some other function. Is it legal to do so? A recent NJ case considered that question.
In State v. Malone, the defendant was pulled over and given a summons when a police officer spotted him holding a cell phone and "pressing buttons" while driving his car. In the municipal court proceeding, Mr. Malone denied any wrong doing, arguing that he was not texting or sending electronic messages. He was found guilty. He appealed to the law division, which upheld the conviction. He appealed further to the Appellate Division.
The Appellate Division overturned the conviction since the statute provides for motorists to use one hand to "activate, deactivate, or initiate a function of the telephone". Since the State could not prove beyond a reasonable doubt that Mr. Malone was doing anything other than initiating a call, the conviction could not stand.
Bottom Line - In NJ, it's ok to dial and drive!
