"Driving Without Insurance; N.J.S.A. 39:6B-2; "
New Jersey law N.J.S.A. 39:6B-2; Driving Without Insurance, requires the owner of every motor vehicle in New Jersey to purchase insurance.
Persons driving in Edison, New Jersey, for example, without motor vehicle insurance, face tough penalties such as high fines of up to $1000 and $5000 for a subsequent offense, one year loss of license and two years loss of license for a subsequent offense, community service for a first offense and two weeks of jail and thirty days of community service for a subsequent offense.
Such exposure makes this statute perhaps the harshest traffic law in the State of New Jersey.
For instance, a driver charged with driving without insurance faces more severe penalties for a first offense - 1 year loss of license - than a person convicted of a 1st New Jersey DWI - generally 7 months loss of license.
Hence, it is not a good practice to drive in New Jersey without insurance given the severe consequences involved.
State Must Prove
The key elements that the state must prove under the 6B2 - driving uninsured - statute are the following:
1. Driver is owner of the vehicle and/or;
2. Knew or should have known that the vehicle is uninsured;
3. and the vehicle must be principally garaged and registered in the state of New Jersey.
The most common defense that a New Jersey Traffic Attorney raises to a N.J.S.A. 39:6B-2 - driving uninsured - charge is that the insurance was canceled without affording the client notice of the cancellation which makes the cancellation unlawful.
If the vehicle that was driven was owned by an individual who is not the driver, then New Jersey Traffic lawyer will raise the defense that his client had no reason to believe and therefore no knowledge that the vehicle was uninsured.
Another possible defense is that the vehicle was covered by insurance on another vehicle in the same household as a temporary replacement vehicle for example, but it is advisable to obtain a letter from the insurance company to successfully mount such a defense.
A moped, commercial truck or other type of vehicle such as motorized bicycles are governed by other statutes so it may be argued that this statute with its oppressive penalties does not apply.
Statute of Limitations
Statute of Limitation pursuant to this act is 6 months for the complaint to be made to a New Jersey Municipal Court after the date of the alleged offense.
Did You Know
Any individual found guilty of N.J.S.A. 39:6B-2 - driving without insurance - in Old Bridge, New Jersey, for example, who is also involved in an accident, is prohibited from filing a personal injury claim regardless whether he is at fault for the accident or not.
If you have any further questions about a driving without insurance charge, click here to contact a New Jersey Traffic Lawyer.