The punishment in New Jersey for driving while talking or texting on a cell phone would become the toughest in the nation if a state lawmaker gets his way.

New Jersey law already allows police to pull over drivers for typing, reading or sending text messages while at the wheel. It also allows primary enforcement of the state’s ban on using any cell phone that is not a hands-free device.

In place since 2004, the law was changed to allow for primary enforcement in 2008. Violators face $100 fines.

Sen. Richard Codey, D-Essex, wants to put in place a “three strikes” policy when dealing with distracted drivers. Anyone caught violating the law three times would have their driver’s license suspended for 60 days.

First-time offenders would continue to pay $100 for their indiscretion. Repeat offenders would be on the hook for $250. A third offense would result in a $500 fine in addition to the suspension.

Violators would have to go 10 years between offenses to avoid the increased penalties.

Critics say the existing laws in New Jersey that cover careless and reckless driving are sufficient.

Codey said that despite police issuing nearly 10,000 tickets per month since early 2008 for violations of the hands-free law, some drivers aren’t deterred from driving distracted.

“Most of us respect the rules of the road and obey traffic laws ... but for those folks who continue to ignore the state’s hands-free cell phone law, you’re on notice,” Codey said in a statement.

The bill – S2181 – is awaiting consideration in the Senate Law and Public Safety Committee. An identical version – A3154 – has been introduced in the Assembly.

New Jersey is not alone in considering a stiffer punishment for distracted driving. In California, a similar effort would more than double the fines for calling or texting on a handheld cell phone. One point would also be added to offenders’ driving records on their second offense.

To view other legislative activities of interest for New Jersey, click here.

– By Keith Goble, state legislative editor

Editor’s Note: Please share your thoughts with us about the legislation included in this story. Comments may be sent to statelegislativedesk@ooida.com.