No Coverage, Big Problems: Navigating New Jersey’s No-Insurance Nightmare
Elizabeth, NJ Driving Without Insurance Attorney
If you’re dealing with a driving without insurance ticket in New Jersey, you need a legal team that understands the stakes. Driving without insurance in New Jersey is codified under the law as NJSA 39:6B-2. Our law firm specializes in defending drivers without insurance, as well as speeding tickets, careless driving tickets and more. We’re here to help you navigate the legal system with confidence.
Why Our Services Stand Out:
- Expert Knowledge: We have a deep understanding of New Jersey traffic laws and the defenses that work.
- Customized Defense: Your case is unique, and we’ll tailor our approach to fit your specific circumstances.
- Proven Results: Our track record speaks for itself, with numerous clients successfully retaining their driving privileges.
Don’t let a ticket set you back. Contact us today and drive forward with peace of mind.
In New Jersey, driving without insurance is considered a serious violation with severe penalties. The state requires all drivers to maintain a minimum level of auto insurance coverage. Failure to comply with this law can result in significant consequences, including fines, license suspension, and even imprisonment. Give our office a call today to discuss you or your loved one’s driving without insurance ticket.
Definition of NJ Driving Without Insurance Ticket
The law of driving without insurance in New Jersey is defined as the following:
“An owner or registrant of a motor vehicle registered or principally garaged in this State who operates or causes to be operated a motor vehicle upon any public road or highway in this State without motor vehicle liability insurance coverage, and an operator who operates or causes a motor vehicle to be operated and who knows or should know from the attendant circumstances that the motor vehicle is without motor vehicle liability insurance coverage.”
If you or your loved one was charged in New Jersey with driving without insurance, our law firm can help. Contact us today to discuss this offense.
Penalties of NJ Driving Without Insurance
First Offense:
- Fine: A fine ranging from $300 to $1,000.
- License Suspension: Mandatory suspension of the driver’s license for one year.
- Community Service: The court may order community service, the duration of which is determined by the court.
- Surcharges: An annual surcharge of $250 for three years, totaling $750.
- Vehicle Impoundment: Possible impoundment of the vehicle with associated towing and storage fees, plus a $100 administrative fee to retrieve the vehicle.
Second and Subsequent Offenses:
- Fine: Up to $5,000.
- License Suspension: License suspension for two years, with reinstatement at the discretion of the DMV chief administrator.
- Jail Time: Mandatory jail term of up to 14 days.
- Community Service: An additional mandatory 30 days of community service.
- Vehicle Impoundment: Similar to the first offense, with the possibility of vehicle impoundment and associated fees.
It’s important to note that these penalties are in addition to any fines or penalties imposed by a court of law. Driving without insurance in New Jersey creates a rebuttable presumption that you were uninsured at the time of the offense if you fail to present valid proof of insurance when requested by law enforcement.
To avoid these penalties, ensure that your vehicle is insured according to New Jersey’s requirements. Remember, driving with insurance is not only a legal obligation but also a crucial protection for you and others on the road. Contact our office today to discuss you or your loved one’s New Jersey driving without insurance ticket.
Top Defenses Against a New Jersey Driving Without Insurance Ticket
If you’ve been cited for driving without insurance in New Jersey, don’t despair. There are several defenses that may apply to your case. Here’s what you need to know:
Lack of Knowledge: If your insurance was canceled without your knowledge, perhaps due to an administrative error, this defense could be applicable.
Payment Issues: If you made your insurance payment but it wasn’t processed correctly, or your agent failed to forward your payment, you might have a valid defense.
New Resident: If you recently moved to New Jersey and were unaware of the state’s insurance requirements, this could serve as a defense.
Operational Error: If you were driving a vehicle that you believed was insured, but due to an operational error by the insurance company, it was not, this may be a defense.
Short-term Lapse: A very short-term lapse in insurance coverage, especially if it was rectified immediately, might be considered by the court.
Borrowed Vehicle: If you were driving a car owned by someone else who was visiting or had recently moved to New Jersey, and you were unaware of the lack of insurance, this could be a defense.
Remember, these are potential defenses and their applicability will depend on the specific circumstances of your case. It’s crucial to consult with a qualified attorney, such as Brett M. Rosen, who can advise you on the best course of action. Contact our office today to discuss your driving without insurance ticket.
Frequently Asked Questions (FAQs)
Q: What are the penalties for driving without insurance in New Jersey? A: For a first-time violation, you can be fined between $300 and $1,000, face community service, and a mandatory license suspension. Subsequent convictions may result in higher fines, surcharges, and even jail time.
Q: Can you go to jail for not having car insurance in New Jersey? A: Yes, for a second uninsured-driving offense, you face imprisonment for up to 14 days.
Q: How much is the surcharge for driving without insurance in NJ? A: In addition to the fine, a person will be required to pay a surcharge of $750 ($250 per year for 3 years) to the NJ Motor Vehicle Commission.
Q: Does a driving without insurance ticket carry points in NJ? A: A first offense carries no points. However, second or repeat offenders will be assessed 9 insurance eligibility points, which can significantly affect your ability to acquire auto insurance.
Q: Should I hire an attorney if I’m charged with driving without insurance in NJ? A: Yes, it’s advisable to hire an attorney. Many drivers are charged because they are unaware that their policy lapsed, and proving that one had no way of knowing this can be complex.
Q: Are there defenses to driving without auto insurance in NJ? A: There are several defenses available, depending on the facts of your case. It’s best to consult with an attorney who can assess the situation and determine the most likely defense to succeed.
Q: What happens if I’m caught driving without insurance in New Jersey? A: If you’re caught driving without insurance in NJ, you’ll face significant penalties. For a first offense, expect fines from $300 to $1,000, a license suspension for 1 year, and mandatory community service. A second offense can lead to fines up to $5,000, a 2-year license suspension, a 14-day jail term, and 30 days of community service.
Q: Can my vehicle be impounded for driving without insurance in NJ? A: Yes, if you’re unable to provide proof of insurance when stopped, your vehicle may be impounded. You’ll need to pay a $100 administrative fee plus towing and storage fees to retrieve it.
Q: Is there a surcharge for driving without insurance in NJ? A: Yes, there’s a mandatory surcharge of $250 per year for three years, totaling $750, in addition to any fines imposed by the court.
Q: What should I do if my insurance lapsed without my knowledge? A: If your insurance lapsed without your knowledge, it’s important to consult with an attorney. There may be defenses available, such as lack of notification from the insurance company.
Q: How can I avoid penalties for driving without insurance in NJ? A: The best way to avoid penalties is to maintain continuous insurance coverage. If you’re already facing a ticket, consulting with a legal expert can help you explore possible defenses and minimize penalties.
Top-Shelf New Jersey 39:6B-2 Driving Without Insurance Lawyer
Why Hire Brett M. Rosen for Your New Jersey Driving Without Insurance Case?
When you’re facing the serious charge of driving without insurance in New Jersey, you need a defense attorney with a proven track record. Brett M. Rosen is not just any attorney; he’s a dedicated professional who has consistently demonstrated his ability to navigate the complexities of criminal defense law.
Proven Excellence in Criminal Defense
- Recognized Expertise: Brett M. Rosen has been selected to the Thomson Reuters Super Lawyers Rising Stars list for criminal defense, an honor that underscores his commitment to legal excellence.
- Client-Centric Approach: Described by clients as a “true winner” and an advocate who delivers “MVP results,” Rosen’s focus is always on achieving the best outcome for you.
A History of Overcoming Challenges
Comprehensive Legal Knowledge
Dedication to Justice
Choosing Brett M. Rosen means putting your trust in an attorney who not only has the credentials but also the passion and dedication to fight for your rights. Contact him today to discuss your New Jersey driving without insurance ticket and take the first step towards a strong defense.
Contact our office today to discuss your NJSA 39:6B-2 ticket.