Cell Phone Use While Driving on Private Property
My question involves a traffic ticket from the state of: New Jersey
I received a ticket for using a cell phone while driving. C: 39:4-97-3 which is on the ticket, the law as written states: The use of a wireless telephone by an operator of a moving motor vehicle on a public road or highway etc.....
I was in a private parking lot (not city or municipal) and in the process of parking the car to talk on the phone. I was holding the phone open not talking and as I pulled into the space a cop chasing another driver for cell phone use followed the car into the bank parking lot and proceededd to give each of us a $130 ticket. The other car was on a city street. I never left the bank parking lot. The cop did see me moving the car 10 feet as he pulled into the lot and I was on the phone just parking.
Does the law as written for public road or highway apply to a private parking lot? I have been told local cops can only enforce fire zone parking and handicap parking on a private lot. All other violations must be requested by the property owner to be enforced.
Re: Cell Phone Use While Driving on Private Property
NJSA 39:1-1 Definitions: "Highway - The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the public for purposes of vehicular travel."
I expect that you will find that the term "highway", under that very broad definition, includes parking lots that are open to the public.
Re: Cell Phone Use While Driving on Private Property
Well folks the summons was tried in municipal court on 2/3/09. I met with the prosecutor and told her I was to plead not guilty and presented my evidence of the law in NJ. It was exactly as I stated, I was on private property and the officer could not issue the ticket.
However, the property owner could have signed something called a Title 39 which gives the municipal police the authority to enforce any violations as they see fit. In my case the business did not sign the form yet because of a change in management and my summons was dismissed.
Interesting point, I wonder how many just pay parking lot tickets without looking into the law. Looks like the towns are minting their own money.