Bergen County Driving Without Insurance Lawyers
Driving without insurance is a very serious traffic offense in New Jersey. In fact the penalties if convicted are can potentially be worse than being convicted of driving while intoxicated. The applicable penalties if convicted can potentially be worse if the alleged defendant was involved in a motor vehicle accident. At the Law Offices of Jonathan F. Marshall, our firm’s credentials consist, in part, of the following:
- We are a committed team of ten (10) criminal defense attorneys
- Over two-hundred (200) years of combined experience
- More than half of our attorneys were former prosecutors, the majority serving as either Assistant County Prosecutors (Superior Court), or Municipal Prosecutors (Municipal Court).
- Three (3) of our attorneys were also former Municipal Prosecutors in over twenty-five (25) towns.
- Selected by Super Lawyers to their 2020 New Jersey Rising Stars list, an exclusive list recognizing no more than 2.5% of attorneys in New Jersey.
- Selected to the National Trial Lawyers Top 100 as well as the Top 40 Under 40.
If you or a loved one has been issued a Driving without Insurance (N.J.S.A. 39:6B-2) ticket in Fort Lee, NJ then, your case will most likely be heard at the Fort Lee Municipal Court. The Fort Lee Municipal Court is located at 309 Main Street, Fort Lee, NJ. The Municipal Prosecutor for Fort Lee is Arthur Balsamo, and the Judge for Fort Lee is the Honorable John R. DeSheplo. The Law Offices of Jonathan F. Marshall has been representing individuals charged with Driving without Insurance (N.J.S.A. 39:6-B2) not only in Fort Lee but throughout New Jersey for the past fifteen (15) years. These municipalities include but are not limited to; Paramus, Hackensack, Mahwah, Ramsey, Lodi, River Vale, Palisades Interstate Park and Garfield. If your or someone you know has been charged with driving without Insurance in New Jersey it is imperative that you speak to a qualified traffic attorney about your options. Listed below is some of the pertinent information with regards to a violation of N.J.S.A. 39:6B-2.
Driving Without Insurance: N.J.S.A. 39:6B-2
The Legislatures decided to separate the “responsibilities” of the owner of the vehicle in question from simply the operator of the vehicle in question:
The prosecutor must prove that the Owner:
- That the defendant operated the vehicle in question on a public highway or roadway within the State of New Jersey;
- That the said defendant is the actual owner of the vehicle in question;
- That the defendant personally operated the vehicle in question; or
- That the defendant owner/registrant allowed another person to operate the vehicle in question;
- That the vehicle was registered to an address within the State of New Jersey; and
- That the vehicle in question was not covered by a valid policy of liability insurance at the time of its operation.
The prosecutor must prove that the Operator but not owner of vehicle in question:
- That the vehicle in question was operated on a public highway or roadway within the State of New Jersey;
- That the defendant was not the owner of the vehicle in question;
- That the defendant actually operated the vehicle in question;
- That the vehicle in question was registered to an address within the State of New Jersey;
- That the vehicle in question was not covered by a valid policy of liability insurance at the time of its operation but the defendant;
- That the defendant knew or should have known from the surrounding circumstances that the vehicle in question was not properly insured.
Penalties if convicted of Driving a Motor Vehicle without Insurance in New Jersey:
- A first time offender, if convicted will be fined of not less than $300 but not more than $1,000 and must serve whatever community service hours the Court deems necessary. In addition, the defendant’s driver’s license will suspended for a mandatory one year from date of conviction.
- Repeat offenders will face a fine up to $5,000 and the court will require the defendant to perform community service for a period of not less than 30 days. In addition, a defendant will be required to serve 14 days in the local County Jail and their driver’s license will be suspended for an additional two years from the date of conviction. Then, after the license suspension period is served, the defendant will be required to make an application to the Director of the Division of Motor Vehicles to obtain a New Jersey driver’s license, which application may be granted at the discretion of the director.
Will all that being said, these cases are very fact sensitive. Was your insurance canceled? If so why? Was it your vehicle? Were you responsible for making sure that the vehicle was insured? How long did the insurance lapse? Have you since obtained insurance? All the aforementioned questions can play a significant role in one’s ability to defend a charge of Driving While Suspended.
Experienced Bergen County Traffic Attorneys
As stated earlier, the consequence of being convicted of for Driving a motor vehicle without Insurance in New Jersey can be devastating. As a first time offender you will be required to forfeit your driver’s license for one year. It is important to note that New Jersey does not allow for a temporary driver’s licenses, therefore, even in an emergency situation, if pulled over the officer will be forced to issue you a ticket for Driving While Suspended. Please feel free to contact our Bergen County office at 530 Main Street, Suite 205, Fort Lee, NJ for a free initial consultation 201-429-9783.