MUNICIPAL COURT
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     Mandatory)
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    Suspended
-  Uninsured Driver
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Driving Without Insurance

Driving Without Insurance is one of the most serious motor vehicle violations you can receive (See N.J.S.A. 39:6B-2, below). The mandatory penalties involved in violating this statute are tougher than the first offender penalties for drunk driving or possession of marijuana. These penalties include automatic loss of license for one year, a $300.00 fine and a period of community service to be determined by the Municipal Court Judge. You also face court costs and insurance surcharges of $250.00 per year for three years.

Like driving while suspended, knowledge of lack of insurance is not a defense. Further, failing to produce an insurance card or insurance policy that covered the date of the offense at trial creates a rebuttable presumption that the person was uninsured when charged with the offense.

However, there are a number of things the State must prove beyond a reasonable doubt to convict you under this statute. For example, the prosecutor must show proper cancellation of insurance, notice of cancellation and operation of the vehicle in order to prove that you are guilty under this statute. Even more defenses arise when you are unknowingly operating an uninsured motor vehicle that you do not own. Regardless however, you should never operate an uninsured vehicle.

Bottom line, you should consult with an experienced attorney if ever faced with this offense. For additional information, call the law offices of Kalas and Jannarone.

The Driving without Insurance Statute

39:6B-2. Violations; punishment:
       Any owner or registrant of a motor vehicle registered or principally garaged in this State who operates or causes to be operated a motor vehicle upon any public road or highway in this state without motor vehicle liability insurance coverage required by this act, and any operator who operates or causes a motor vehicle to be operated and who knows or should know from the attendant circumstances that the motor vehicle is without motor vehicle liability insurance coverage required by this act shall be subject, for the first offense, to a fine of not less than $300.00 nor more than $1,000 and a period of community service to be determined by the court, and shall forthwith forfeit his right to operate a motor vehicle over the highways of this state for a period of one year from the date of conviction. Upon subsequent conviction, he shall be subject to a fine of up to $5,000.00 and shall be subject to imprisonment for a term of 14 days and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall forfeit his right to operate a motor vehicle for a period of 2 years from the date of his conviction, and, after the expiration of said period, he may make application to the Director of the Division of Motor Vehicles for a license to operate a motor vehicle, which application may be granted at the discretion of the director. The director's discretion shall be based upon an assessment of the motor vehicle to be operated in the future without the insurance coverage required by this act. A complaint for violation of this act may be made to a municipal court at any time within six months after the date of the alleged offense.

       Failure to produce at the time of trial an insurance identification card or an insurance policy which was in force for the time of operation for which the offense is charged, creates a rebuttable presumption that the person was uninsured when charged with the violation of this section.

(Chgd. by L.1987, c.46(1); L.1988, c.156(15); L.1990, c.8(49); L.1997, c.151(12), eff.6/30/97.)

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