Legal Question in Criminal Law in New Jersey

driving w/o insurance

I was involved in an accident. At the time i was driving a friend car. He has an updated insurance card but the insurance was cancel due to late payment. a month later, i received a summon in the mail charging me with driving w/o insurance. I assume, the other party( which was a uniform cop) sumitted a claim to the insurance company . The insurance co reject his claim, so he went back to the officer and have him send me a ticket for no insurance.

I am going to court soon. my first defense will be I can't be responsible for insurance since the car was not register on my name. is there any law i can cite to the judge?

thanks


Asked on 9/14/01, 12:38 pm

2 Answers from Attorneys
Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: driving w/o insurance

Unfortunately, I think the judge's response will be that, as the driver, you are responsible just as you would be responsible to check, for example, that the tires were not bald, the lights worked, etc.

You would probably be better to attempt to plead guilty to a lesser charge with lesser fines. You are dealing with a very serious charge, no insurance, because it comes with mandatory license suspension as well as fines.

If you would like to explore whether an attorney can help you out and the charges arise in Hamilton Twp. or South, please contact me for a free consultation.

Thanks,

Daniel B. Kelley

(856)616-8080

[email protected]

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Answered on 10/26/01, 10:35 am
Savyon Grant Law Office of Savy Grant

Re: driving w/o insurance

I do not advice that you go to court without an attorney. Your first offense of driving without insurance carries a minimum 12 months suspention of your license.

You may be able to have an attorney plea bargain this matter to a differnet offense. The criticle issue is was the insuranse cancelled, and the policy of reinstated? Or did your friend purchase a new policy?

This is a critical question in the defense of this matter.

If you have any further questions, please call me at 201-646-9600.

Good Luck,

Savy Grant

39 Hudson Street

Hackensack, NJ 07601

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Answered on 10/27/01, 10:32 pm


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