Our Monmouth County Traffic Lawyers answer the your Traffic law questions:
What is the penalty for not having motor vehicle insurance coverage?
THERE ARE DEFENSES:
The statute specifically says “owner or registrant,” of a motor vehicle,” “registered or principally garaged,” who knew or should have known by the attendant circumstances.”
One obvious defense is to prove by documented evidence that even though you were the operator, the motor vehicle was owned by someone else and you believed that the vehicle was uninsured.
If your insurance coverage was cancelled by the insurance company without your knowledge, the state must prove that it was lawfully cancelled and that you were sent or received, actual notice of cancellation. If the cancellation was not lawful or without written notice of the cancellation then a finding of not guilty can be entered
A first time conviction of driving without insurance, results in fines between $300 and $1,000, community service, and a one year suspension of the your driver’s license.
Your exposure to penalty increases for a second, third or subsequent offenses of driving while uninsured. Upon conviction of a 2nd offense you will be fined up to $5,000, have to perform 30 days of community service, serve 14 days in jail, and your driver’s license will be suspended for two years.
The state of New Jersey imposes mandatory surcharges you 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.
If you have been charged with driving without insurance contact Riviere Cresci and Singer LLC for a free consultation.