What is the “Allowing an Unlicensed Driver” offense in violation of N.J.S. 39:3-37.1

///What is the “Allowing an Unlicensed Driver” offense in violation of N.J.S. 39:3-37.1

New Jersey Statute 39:3-37.1 prohibits you from:

a. Allowing another person to use your license; and

b. Allowing someone without a valid license from using your vehicle. 

If you are convicted you can be fined up to $500, court costs of $33, and jail up to fifteen days.  There are no points or insurance surcharges for this violation.

This violation has become increasingly common.  Most undocumented immigrants who get a moving violation are driving a car owned, registered, and insured by another person.  They are typically charged with driving with an expired license (39:3-10a), driving never having had a license (39:3-10b), or driving with a suspended license (39:3-40).  The owner is increasingly being cited with allowing the unlicensed driver to use his or her car. 

An implied element in both options is that you knew that the other person was using your car/license or that the person didn’t have a valid driver’s license.  It is the state’s burden to show your knowledge.  They frequently can’t. 

If you have been charged under this statute, contact our office to discuss your options. Our attorneys will work to have the charge dismissed or downgraded to a lesser offense. Call 888-695-6169 or use the contact form to get in touch.