Municipal Court News
Cell Phone Use While Driving
Governor Corzine signed into law an amendment to NJSA 39:4-97.3 which makes the use of a cell phone
by a person who is operating a motor vehicle a primary offense. This means police may effect a motor vehicle
stop upon viewing this violation. The amended statute also makes it an offense to "text message" while driving.
The amended law will go into effect on April 1, 2008.
Spring 2007
Two municipal court decisions of late were noteworthy. In State v. Breslin, decided May 9, 2007, the
Appellate Division held that a prior conviction for DWI Refusal (to submit to breathalyzer tests) may
be considered by future courts as a prior conviction. This means that subsequent convictions for DWI,
which would otherwise be treated as first offenses, are now treated as second offenses.
Also, in State v. Dorman, an Appellate Division decision from May 11, 2007, the
court held that despite the U.S. Supreme Court's decision in Crawford v. Washington 541 U.S. 36 (2004)
and the N.J. Supreme Court's holding in State v. Garthe, 145 N.J. 1 (1996), a breathalyzer machine
certificate of operability is admissible as a business record under N.J.R.E. 803(c)(6) (the business
records exception).
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