A recent article was written to address updated laws to address the growing problem of driving and texting related accidents on the road. New Jersey is steadily moving to become the toughest state on distracted drivers, specifically aimed at those who continue to text while driving. As of March 21, S69 was sent to Governor Chris Christie for his approval. The state of New Jersey has gone as far as to adopt a law allowing “full prosecution of cell phone users if they drive recklessly and cause serious harm or death. Penalties would include prison time and fines up to $150,000, similar to drunken driver punishments.” Lieutenant Governor Kim Guadagno, who signed the measure in July of 2012 stated, “If you wouldn’t drink and drive you shouldn’t text and drive.” Texting and driving is more lethal than drinking and driving. In late 2012, Forbes posted an online article about the mind blowing statistics related to texting and car accidents. Texting while driving…

1. Causes 11 teen deaths EVERY DAY
2. Causes 25% of all accidents, totally 1.6M per year (Nat’l Safety Council)
3. Causes 330,000 injuries per year (Harvard Center for Risk Analysis Study)
4. Is 6x more dangerous than driving while intoxicated (NHTSB)
5. Is still legal in 11 states to text while driving; only 10 fully prohibit cell phones while driving
6. Is not a teen-only problem with 47% of adults admitting to texting while driving (Washington Post, May 2012)

Depending upon the specific incident that resulted from texting and driving at the same time, you will need to hire an attorney who can represent you. The laws vary from state to state, but the bottom line is that you will have specific issues related to your case that will require the expertise of an attorney. Many questions will need to be answered.

1. Did the accident involve a death or injury?
2. Is this your first incident of texting and driving?
3. Are you under the age of 18?
4. Was there a minor in the vehicle at the time of the accident?

Even if there were no deaths or serious injuries as a result of your distracted driving, this matter still requires your serious attention. This is a serious offense in the eyes of the court as most states have banned the use of cellphones while driving. You will most certainly need legal representation in this case. At the Law Offices of Aretsky and Aretsky, we strongly urge you to contact us immediately at (201) 996-0234 to set up a consultation so that we can begin working to defend you in court. You might also be interested in a related post entitled, Traffic Violations We Can Help With.