Driving Without Insurance (Uninsured)
Union Township NJ Driving Without Insurance Defense Attorney
An individual rarely appreciates just how serious a driving without insurance offense can be until it is too late. A conviction for operating without insurance or allowing someone to drive your uninsured motor vehicle results in a minimum license suspension of one year. Doing everything you can to avoid a conviction in the Township of Union or another municipality in Union County for this offense is crucial if you want to maintain your driver’s license. Hiring a skilled motor vehicle charge defense attorney is probably your best weapon to help yourself in this regard. The lawyers at our firm, The Law Offices of Jonathan F. Marshall, include several former prosecutors and a team of advocates that have been handling no insurance charges for over 100 years between us. We defend individuals charged with operating with no insurance in Linden, Cranford, Elizabeth, Union, Rahway and other towns in the region. Our attorneys are available 24/7 to assist you in a free initial consultation. To speak to a member of our team now, contact our Union Office at 908-272-1700.
Charged With Having No Insurance Under N.J.S.A. 39:6B-2
If you have been charged with driving without insurance, you guilt or innocence will hinge on application of N.J.S.A. 39:6B-2. The owner of a motor vehicle registered or principally garaged in New Jersey is required to maintain automobile liability insurance coverage. Operating the vehicle or causing someone to drive it when there is no insurance results in a violation of 39:6B-2. The same holds true when a non-owner drives the motor vehicle when they know or reasonably should know that there is no insurance coverage. The elements necessary to convict someone of driving without insurance are slightly different depending on whether the accused is the owner or third party operator of an uninsured car, truck or other variety of vehicle required to maintain liability insurance.
Elements Where The Defendant Is The Owner. Five elements of proof must be presented in order to convict an owner of driving without insurance including that: (1) the vehicle was being operated on a public roadway; (2) it was owned by the accused; (3) the owner was either operating the vehicle or caused another person to drive it; (4) the vehicle was registered or principally garaged in New Jersey; and (5) the motor vehicle lacked liability insurance coverage as required by N.J.S.A. 39:6B-1. You will note that there is no requirement of knowledge that the motor vehicle is uninsured in order to convict an owner under 39:6B-2.
Elements Where The Defend Is A Non-owner. The elements where the defendant is a non-owner are slightly different. The state must prove that: (1) the vehicle was operated on a public roadway; (2) the defendant was the operator the vehicle; (3) the vehicle was registered or principally garaged in New Jersey; (4) the accused knew or reasonably should have known that there was no insurance on the vehicle; and (5) the vehicle was required to have insurance coverage in accordance with 39:6B-1.
Proof of Uninsured Status. N.J.S.A. 39:6B-2 creates an inference that a vehicle is uninsured if the defendant is unable to produce a valid insurance card. Notwithstanding, a defendant can raise the defense of improper cancellation which involves showing that the insurer failed to comply with proper procedure for terminating the coverage.
Penalties for a First Offense. Upon conviction for a first offense of driving without insurance, an individual is subject to a fine of between $300 and $1,000, must perform community service, and must have their license suspended for one (1) year.
Penalties for a Second, Third or Subsequent Offense. An individual is exposed to severe repercussions for a second, third or subsequent offense of driving an uninsured vehicle. He or she is to be fined up to $5,000, perform 30 days of community service, serve 14 days in jail, and shall receive a driver’s license suspension of two (2) years.
Surcharges. The state of New Jersey exposes an individual to mandatory surcharges if he/she operates a vehicle in violation of N.J.S.A. 39:6B-2. Additionally, insurers impose a separate penalty or surcharge on motor vehicle policies when there is a lapse in coverage.
Rahway NJ Uninsured Motor Vehicle Lawyer
It is obvious from the foregoing that the penalties for driving an uninsured vehicle are significant. This is a major reason why retaining an experienced attorney is an absolute must for anyone charged with driving without insurance. Our lawyers have decades of experience defending no insurance offenses in Plainfield, Cranford, Clark, Roselle, Fanwood and other communities in Union County. An attorney at The Law Offices of Jonathan F. Marshall is available to answer your questions and discuss how we can assist you 24/7 by calling 908-272-1700.
The driving without insurance defense attorneys at The Law Offices of Jonathan F. Marshall, 2204 Morris Avenue Suite 310 Union, New Jersey 07083, defend clients in the municipal court of Plainfield, Linden, Rahway, Union Township, Cranford, Clark, Roselle, Fanwood and Elizabeth.