In the State of New Jersey all drivers must have automobile insurance, such as liability insurance, to cover damages during an accident. Sometimes people are under the impression they are driving with insurance when they are not. This can happen in various circumstances such as:

  • An insurance agent failed to forward your payment
  • You thought you were covered by another family member’s policy
  • Your insurance was cancelled without your knowledge

When you do not have automobile insurance and are stopped, you face some severe penalties. If you or a loved one is facing a charge of driving without insurance, you are not automatically guilty.

You have the right to present evidence and prove your case. Fontanella, Benevento, Galluccio & Smith is dedicated to helping you defend against a driving while uninsured charge.

Proving a Driving Without Insurance Charge

The state has some important elements to prove in order to convict you of uninsured driving. The prosecutor must show:

  • You were operating the vehicle
  • The vehicle was uninsured at the time
  • You knew or should have known the vehicle was uninsured
  • The vehicle was principally registered and garaged in the State of New Jersey

Possible Defenses for Driving Without Insurance

There are some common defenses that drivers present as evidence of their innocence. For example, the insurance was cancelled without giving you notice of the cancellation. This makes the cancellation invalid because you were not given notice. Other common defenses include:

  • The vehicle was covered by insurance you had on another vehicle in the same household
  • If you aren’t the owner of the vehicle, you can argue you had no reason to believe it wasn’t insured
  • Policy payment was not properly forwarded or credited to your car insurance account

There are many common defenses to driving without insurance. However, it’s crucial you speak to a legal professional with experience in fighting driving without insurance charges. Fontanella, Benevento, Galluccio & Smith will assist you with your defense.

Possible Penalties for Driving Without Insurance in NJ

First Offense

  • Fines up to $1,000
  • Community service
  • License suspension for one year

Subsequent Offenses

  • Fines up to $5,000
  • Up to 14 days in jail
  • Community service (for 30 days)
  • License suspension for two years

If you are charged with driving without insurance, Fontanella, Benevento, Galluccio & Smith will help.