Driving Without Insurance in New Jersey

Penalties for Driving Without Insurance

Driving without liability insurance in violation of N. J. S. 39:6B-2 carries huge penalties in New Jersey. Conviction requires a $300.00 to $1,000.00 fine, a term of community service, and the driver is subject to a one-year loss of driving privileges. A subsequent conviction requires a fine of up to $5,000, thirty days of community service, a fourteen-day jail term, and the loss of driving privileges for two years. A conviction also requires the imposition by the Motor Vehicle Commission (MVC), formerly known as the Department of Motor Vehicles (DMV), of a $250 per year surcharge for three years, and the assessment of nine insurance eligibility points which will preclude purchasing automobile insurance in the voluntary market.

The penalty for operating an uninsured vehicle applies only to vehicles registered or principally garaged in New Jersey and operated on the state's public roads or highways. Liability under the statute varies depending on whether the person charged is the owner or registrant of the vehicle, or whether he or she is merely the vehicle's operator. If other elements of the charge are proven, a vehicle's owner or registrant is strictly liable; that is, they are liable even if they did not know the vehicle was uninsured.

On the other hand, a mere operator is liable only if he or she knew or should have known from the attendant circumstances that the vehicle was uninsured. Thus, an owner's honest but mistaken belief that a vehicle was insured when it was not, will expose him or her to liability. Moreover, it is not necessary that the owner or registrant personally operate the vehicle, since they are liable if he or she "causes" an uninsured vehicle to be operated by someone else. For informed answers to any insurance and traffic ticket questions, hire a qualified and professional New Jersey traffic ticket attorney from our firm without delay.

New Jersey Traffic Ticket Lawyer

The Law Offices of Allan Marain, will carefully examine whether the vehicle was registered or principally garaged in New Jersey, whether it was being operated at the time of the alleged violation, and if so, whether it was on a public road. It must also be determined if the vehicle was covered by a valid liability insurance policy at the time, if there was no insurance, and if the person charged was not the owner or registrant but merely the operator, whether they knew or should have known that insurance was lacking.

This final question will require a careful examination of the relationship, if any, between the owner/registrant and the person charged, and that person's past dealings with the vehicle in question. Also, if no policy was in effect at the time of the charge because a valid policy had been cancelled, it is important to examine the reason for the cancellation, since an insurance company's wrongful policy cancellation may provide a defense to the charge.

Any number of traffic charges can result in serious consequences if not taken care of quickly and effectively. Charges such as speeding, careless driving, running a red light, driving without a license and others may be resolved through the use of our team of lawyers, who will work diligently on your behalf to seek the best possible results.

The foregoing information is provided for general information purposes only and does not constitute legal advice. Because of space considerations many legal principals and factual considerations that may be important in your case have not been included in the above discussion.

We invite you to contact a New Jersey traffic ticket lawyer to schedule a free consultation, including a discussion of your circumstances, the facts of your case and potential defense options.