If you are found guilty of driving without insurance in New Jersey, the consequences can impact many facets of your life, both financially and otherwise. In addition, driving without insurance is a unique case in that you are assumed to be guilty when charged with this offense, with what is legally termed a “rebuttable presumption.” However, with an experienced defense attorney on your side, it is entirely possible to contest this presumption which a variety of strategies. Some possible defenses in a driving without insurance case may involve producing documentation to prove that you were insured at the time of the offense or establishing that your insurance policy was cancelled without your knowledge.
With potential consequences like a mandatory year-long driver’s license suspension, community service, thousands of dollars in fines, and even a prison sentence hanging over your head, it is crucial to have a knowledgeable and aggressive defense attorney serving on your behalf. The attorneys at Chamlin, Uliano & Walsh have had countless successes defending clients charged with the criminal offenses and motor vehicle violations in Monmouth and Ocean counties. If you receive a summons for driving without insurance, a member of their defense team is readily available to assist you. Contact their West Long Branch, New Jersey office at 732-440-3950 for a free initial consultation and take the first step toward resolving your case.
Driving without Insurance in Monmouth County: N.J.S.A. 39:6B-2
New Jersey details all motor vehicle violations under Title 39, specifically addressing offenses for Driving without Insurance, legally termed “Failure to Carry Motor Vehicle Insurance Coverage” in N.J.S.A. 39:6B-2. According to this section:
Any 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 required by this act, and any 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 required by this act shall be subject:
For the first offense, to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court, and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of conviction.
Upon subsequent conviction, he shall be subject to a fine of up to $5,000 and shall be subject to imprisonment for a term of 14 days and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction, and, after the expiration of said period, he may make application to the Director of the Division of Motor Vehicles for a license to operate a motor vehicle, which application may be granted at the discretion of the director.
The director’s discretion shall be based upon an assessment of the likelihood that the individual will operate or cause a motor vehicle to be operated in the future without the insurance coverage required by this act. A complaint for violation of this act may be made to a municipal court at any time within six months after the date of the alleged offense.
Failure to produce at the time of trial an insurance identification card or an insurance policy which was in force for the time of operation for which the offense is charged creates a rebuttable presumption that the person was uninsured when charged with a violation of this section.
Penalties for Driving without Insurance in New Jersey
First Offense Driving without Insurance: a mandatory period of driver’s license suspension of 1 year, a term of community service to be determined by the court, and a fine of ranging from $300 to $1,000
Subsequent Offense for Driving without Insurance: a mandatory period of driver’s license suspension of 2 years, a term of community service of 30 days, a fine of up to $5,000, and a sentence to serve up to 14 days in the county jail
Contact Wall Twp. NJ Driving without Insurance Attorneys for Help
If you or someone you love is facing a motor vehicle violation such as Driving without Insurance in Monmouth County, New Jersey, contact the offices of Chamlin, Uliano & Walsh at 732-440-3950. One of the firm’s skilled defense lawyers will be happy to evaluate your case, to provide answers to your pressing questions, and to discuss the alternatives that may be available to you.