Cockerill, Craig & Moore, LLC | Attorneys At Law | Strength | Strategy | Solutions
Call Us 856-440-1231
  • Home
  • About
    • Christine C. Cockerill
    • Jeffrey S. Craig
    • Barbara Barclay Moore
    • Matthew Marchini
    • Client Reviews
    • Wins & Successes
  • Family Law
    • Alimony
    • Child Support
    • Child Custody And Visitation
    • Divorce
    • Domestic Violence
    • Fertility And Assisted Reproductive Law
    • Prenuptial Agreements
  • Civil Litigation
    • Consumer Protection
    • Mold & Construction Defect Claims
    • Employment Law
    • Employer Consulting And Litigation
    • Litigation & Defense
    • Tort Claims Public Entity Defense
  • Personal Injury
    • Auto Accidents
    • Motorcycle Accidents
    • Trucking Accidents
    • Pedestrian and Bicycle Accidents
    • Premises Liability Claims / Slip – And – Fall Accidents
    • Dog Bites / Animal Attacks
    • Catastrophic And Disabling Injuries
    • Wrongful Death
  • Blog
  • Make A Payment
    • Pay Invoice
    • Pay Retainer
  • Contact
Cockerill, Craig & Moore, LLC | Attorneys At Law
856-429-1060
  • Home
  • About
    • Christine C. Cockerill
    • Jeffrey S. Craig
    • Barbara Barclay Moore
    • Matthew Marchini
    • Client Reviews
    • Wins & Successes
  • Family Law
    • Alimony
    • Child Support
    • Child Custody And Visitation
    • Divorce
    • Domestic Violence
    • Fertility And Assisted Reproductive Law
    • Prenuptial Agreements
  • Civil Litigation
    • Consumer Protection
    • Mold & Construction Defect Claims
    • Employment Law
    • Employer Consulting And Litigation
    • Litigation & Defense
    • Tort Claims Public Entity Defense
  • Personal Injury
    • Auto Accidents
    • Motorcycle Accidents
    • Trucking Accidents
    • Pedestrian and Bicycle Accidents
    • Premises Liability Claims / Slip – And – Fall Accidents
    • Dog Bites / Animal Attacks
    • Catastrophic And Disabling Injuries
    • Wrongful Death
  • Blog
  • Make A Payment
    • Pay Invoice
    • Pay Retainer
  • Contact

Strength. Strategy. Solutions.

DO WE REALLY NEED THE PROPOSED NEW “DISTRACTED DRIVING” PROVISION AND IS IT LIKELY TO BE “VOID FOR VAGUENESS”?

On Behalf of Cockerill, Craig & Moore, LLC | Aug 10, 2016 | Firm News |

shutterstock_282033554

A proposed addition to New Jersey’s distracted driving statute, N.J.S.A. 39:4-97.3 would add this language; “[a]n operator of a moving motor vehicle shall not engage in any activity unrelated to the actual operation of a motor vehicle in a manner that interferes with the safe operation of the vehicle on a public road or highway.”

There is already a lot of discussion of whether this will be applied to ticket those who drink coffee, eat, or engage in any activity that a police officer feels is unrelated to the operation of a motor vehicle that interferes with the safe operation of the vehicle. Will this new provision be considered “void for vagueness” if adopted and challenged? The concept of vagueness or indefiniteness rests on the principle that the constitution requires fair notice and proper standards for punishment. The primary issues involved are whether the provisions of the statute are sufficiently definite to give reasonable notice of the prohibited conduct to those who wish to avoid its penalties and provide adequate standards for the determination of guilt. If the statute is so obscure that men of common intelligence must necessarily guess at its meaning and differ as to its applicability, it is unconstitutional. State v. Lashinsky, 81 N.J. 1, 16 (1979).

The New Jersey Supreme Court in Lashinsky said “the decisive question for purposes of this vagueness argument is whether the defendant was reasonably apprised, as a matter of common intelligence, in light of ordinary human experience, that his particular conduct was unlawful.” State v. Lashinsky, 81 N.J. 1, 18 (1979). The question is then whether reasonable minds in light of ordinary experience could determine what is banned? It may be anything if that impairs the safe operation of the vehicle; speaking with a passenger, refereeing squabbling siblings in the back seat, checking a map or directions, eating, drinking, singing along with the music. This does seem to be overly broad and vague. At the same time if it is the safe operation of the vehicle that is being addressed there are already other statutes addressing unsafe vehicle operation. Unsafe driving is already addressed by the careless driving statute, 39:4-97 (a person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving) and reckless driving statute, 39:4-96 (a person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving). There is even a statute for driving so slow as to obstruct traffic, 39:4-97.1 (no person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law) and one for operating a vehicle in an unsafe manner, 39:4-97.2 (notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property). Any of these which are already in force are available to a police officer who observes unsafe driving. Check our experienced Haddonfield NJ Personal Injury Attorneys for further help needed at the Law Firm of Craig, Annin & Baxter LLP.

What is the average cost of an SCI?

On Behalf of Cockerill, Craig & Moore, LLC | May 25, 2021 | Personal Injury

Spinal cord injuries are serious no matter how minor the damage. The effects of one range from numbness and tingling at the extremities all the way to full-body paralysis. This severity requires rapid attention, which may result in costly surgeries, long hospital...

Know how to handle the aftermath of a car crash

On Behalf of Cockerill, Craig & Moore, LLC | May 19, 2021 | Motor Vehicle Accidents

Getting into a collision is often a disorienting experience. However, there are several steps that people need to take after the accident. Even a minor collision can result in injuries. According to Nerd Wallet, drivers should ask if any of their passengers incurred...

What should I do after a dog bite?

On Behalf of Cockerill, Craig & Moore, LLC | May 17, 2021 | Animal Bites

Dogs can add much love and enjoyment to a person's life. However, when a dog is dangerous or the owner lacks responsibility, a dog can also cause major injuries. These injuries often require medical attention to prevent more serious effects. The Cleveland Clinic...

LESSON TWO: DOES AN SIU REFERRAL TRIGGER A LITIGATION HOLD – WHY IT SHOULD

On Behalf of Cockerill, Craig & Moore, LLC | May 12, 2021 | Firm News

See Lesson One HERE I like thunder; I don’t know why so many people fear it. After many hours on weekends, after school, and summer days and evenings lugging golf clubs as a caddy – they had metal shafts and heads back then – I came to appreciate thunder as a...

Casino Lending: Following the Rules Gives Harrah’s a Win

by Cockerill, Craig & Moore, LLC | May 5, 2021 | Firm News

In the heavily regulated casino industry following the magnitude of rules often seems like a burden that increases costs and gets in the way.  But Harrah’s was rewarded with an important win on Friday when the New Jersey Appellate Division, the intermediate appellate...

Why You Should Examine Your Will Before a Divorce

On Behalf of Cockerill, Craig & Moore, LLC | Sep 25, 2020 | Firm News

When you are getting divorced, you will probably have to deal with how to divide your property when your divorce ends. You should also think about how your property might be distributed if you die before your divorce is finished or if you fail to change the provisions...

Everything You Need to Know about Boating Accident Claims

On Behalf of Cockerill, Craig & Moore, LLC | Aug 21, 2020 | Personal Injury

People go out on the water to relax and have fun. Unfortunately, a good time can easily turn bad when dangerous conditions are in place. If you’ve been in a boating accident, an experienced NJ attorney can help you navigate the waters ahead. Common Causes of Boating...

Believe You Lost Your Job because you Filed a Complaint against your employer? What to do next

On Behalf of Cockerill, Craig & Moore, LLC | Aug 7, 2020 | Employment Law

If your employer has unlawfully fired you, you have the right to file a wrongful termination lawsuit. This lawsuit can help you recoup money or receive unemployment benefits while you look for a new job. Our Woodbury employment attorneys can help you navigate the...

How Long Does a Workplace Discrimination Case Take?

On Behalf of Cockerill, Craig & Moore, LLC | Jul 31, 2020 | Employment Law

If you are the victim of discrimination at work and want to take legal action, you are probably wondering how long the case will take. Workplace discrimination cases take an average of two to three years to complete and offer a resolution. This short post talks about...

Who Is Responsible for a Trucking Accident Injury?

On Behalf of Cockerill, Craig & Moore, LLC | Jul 24, 2020 | Commercial Vehicle Accidents, Firm News, Motor Vehicle Accidents

Getting into a trucking accident is a stressful experience, and you have many things about which to think. You are likely asking yourself how to decide who is at fault when an accident takes place. In most cases, the insurance companies go with anything law...

« Older Entries
Next Entries »

Recent Posts

  • How to handle the mortgage in a New Jersey divorce
  • Divorcing with pets: who gets custody of the dog?
  • Parental teamwork paves the way to a workable child custody plan
  • Are electric vehicles too quiet to be safe?
  • Could mediation be the best divorce option for the two of you?

Archives

Categories

RSS Feed

Subscribe To This Blog’s Feed

Premium Service And Trusted Counsel From Local Attorneys

We Are Ready To Help

Cockerill, Craig & Moore, LLC | Attorneys At Law | Strength | Strategy | Solutions

Telephone
856-440-1231

ADDRESS
58 Euclid Street
Woodbury, NJ 08096

Woodbury Law Office

  • Follow
Review The Firm

© 2026 Cockerill, Craig & Moore, LLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw