Driving without Insurance
The most problematic offense is N.J.S. 39:6B-2, driving without insurance. If convicted he is looking at:
- For the first offense, fine up to $1006 + $33 court costs, loss of license for one year, and community service to be set by court,
- On a second or subsequent offense, a fine up to $5,000, jail for 14 days, 30 days community service, and loose his license for two years. After the two years, he will have to reapply to MVC for a new license.
Fetty better hope that he just failed to bring his insurance card with him. Alternatively, insure the vehicle and hope the victim in the accident doesn’t show or make sure the other vehicle is compensated for his loss and so that he doesn’t object to a favorable resolution in court. If his insurance was canceled, say for non-payment, he can evaluate if the cancellation was done correctly. If it wasn’t then the insurance company would be required to defend and indemnify any claim the victim can make. In that case, Fetty was insurance and his charge will likely be amended to failure to produce a valid insurance card in violation of N.J.S. 39:3-29. There are no collateral consequences to this violation other than a maximum fine of $206 + $33 court costs.
Driving without a License
The second problematic offense is N.J.S. 39:3-10 driving without a license. If convicted he is looking at maximum fine of $506 + $33 court costs, up to 15 days jail, and up to six months loss of license. Again, Fetty needs to hope he simply didn’t produce a valid license. It doesn’t have to be a NJ license, but it should be valid somewhere in the U.S. If he was licensed somewhere in the U.S. the violation could be changed to violating touring privileges, N.J.S. 39:3-17.1 or failure to present a driver’s license, N.J.S. 39:3-29a. Both violations would avoid the suspension of his driver’s license and likely a jail sentence as well.
Fetty has options. If he hires a good attorney he can minimize the consequences of these violations. Possibly dismissing most of them.
Your Free Resources
If you, loved one, or friend are charged with a traffic offense or DUI/DWI you need to know your options before going to court.
- Arrested for Drunk Driving? Learn how to Beat the Odds – Want more defense strategies? How about some common mistakes to avoid? Learn what to expect before you go to court;
- Why Pleading Guilty to Your New Jersey Traffic Ticket is NOT an Option – Here I discuss court process and different traffic violations, including driving with out insurance and driving without a license;
- An Immigrant’s Guide to Municipal Court. Not a U.S. citizen? Learn what happens if you are convicted of your charge.
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