Yes, operating a motor vehicle without valid liability insurance and/or with expired insurance policy coverage (N.J.S.A. 39:6B-2) is a very serious offense in New Jersey, which could result in significant direct and collateral consequences. The direct consequences are the penalties which are imposed by the court, while the collateral consequences are the effects of having that offense on your driving history record. The potential direct penalties associated with a first offense include a fine of up to $1,000, license suspension of up to 1 year, and a period of community service. The possible direct penalties associated with a second or subsequent offense include a jail term of 14 days, fine of up to $5,000, license suspension of up to 2 years, and community service for 30 days. The potential collateral consequences associated with no insurance cases include immigration problems (if you are not a citizen of the United States, a conviction may result in your removal from the United States and/or stop you from being able to legally enter or re-enter the United States and you have the right to seek individualized advice from an attorney about the effect your guilty plea will have on your immigration status), work-related problems, international travel restrictions (some countries deny entry to travelers with certain convictions), commercial driver's license (CDL) issues, auto insurance problems, motor vehicle violations surcharges system assessment of $250.00 per year for 3 years (N.J.S.A. 17:29A-35), and 9 automobile insurance eligibility points (N.J.S.A. 17:33B-14, N.J.A.C. 11:3-34.5 Appendix).

The information above is a brief overview of the serious nature of matters involving driving without insurance. You should contact an experienced traffic attorney who will explain all of your options and defenses based upon the specific circumstances of your case and work hard to reduce or avoid the potential penalties. All individuals accused of traffic offenses and other quasi-criminal offenses in New Jersey are entitled to the same constitutional protections as those accused of a serious felony crime, namely the right to be represented by an attorney, the right to remain silent, and the right to a speedy and fair trial where the State has the burden to prove each and every element of the offense beyond a reasonable doubt.

There are numerous potential direct and collateral legal consequences associated with a conviction for Speeding (N.J.S.A. 39:4-98 and 39:3-20(b), N.J.A.C. 19:9-1.2 and 19:2-2.1) in the Municipal Courts of New Jersey. The direct consequences are the penalties which are imposed by the court, while the collateral consequences are the effects of having that offense on your driving history record. Examples of possible direct consequences associated with Speeding include suspension or revocation of driver's license (N.J.S.A. 39:5-31), fine of up to $400.00 (N.J.S.A. 39:4-98, 39:4-98.7, 39:4-104), and imprisonment up to 15 days but only in extreme cases (N.J.S.A. 39:4-104). Examples of potential collateral consequences associated with Speeding include up to 5 points imposed by the New Jersey Motor Vehicle Commission, work-related problems, commercial driver's license (CDL) issues, auto insurance problems, motor vehicle violations surcharges system assessment for 6 or more motor vehicle penalty points (N.J.S.A. 17:29A-35), and up to 5 automobile insurance eligibility points (N.J.S.A. 17:33B-14, N.J.A.C. 11:3-34.5 Appendix). It is important to note that when a driver is accused of traveling at a high speed, namely exceeding the posted speed limit by 25 mph or more, the police will often issue additional traffic summonses, such as for Careless Driving: likely to endanger persons or property (N.J.S.A. 39:4-97, 27:23-26, 27:25A-21(b), and N.J.A.C. 19:9-1.17) and Reckless Driving (N.J.S.A. 39:4-96). In those situations, the potential consequences are even greater, such as a suspension of driving privileges for willful violations (N.J.S.A. 39:5-31).

The information above is a brief overview of the potential consequences associated with Speeding tickets in the Municipal Courts of New Jersey. It is critical to hire an experienced traffic attorney who can prepare and present a persuasive defense or hardship argument based upon the proper mitigating factors and the specific circumstances of your matter, especially in high speed cases when often accompanied by accusations of Reckless Driving or Careless Driving, in order to try to reduce or avoid the potential negative consequences. All individuals accused of traffic offenses and other quasi-criminal offenses in New Jersey are entitled to the same constitutional protections as those accused of a serious felony crime, namely the right to be represented by an attorney, the right to remain silent, and the right to a speedy and fair trial where the State has the burden to prove each and every element of the offense beyond a reasonable doubt.

All individuals convicted of Operating a Motor Vehicle Under the Influence of Alcohol or Drugs (DUI-DWI) and/or Refusal to Submit to a Breath Test (Refusal) in New Jersey must satisfy the screening, evaluation, referral, program, classes, and fee requirements of the Intoxicated Driving Program (IDP), the Intoxicated Driver Resource Center (IDRC), and a program and/or classes of substance use disorder education and highway safety (N.J.S.A. 39:4-50(b), N.J.S.A. 39:4-50.4(a)).

IDP is part of the Division of Mental Health and Addiction Services of the State of New Jersey. IDP is responsible for managing and coordinating court-mandated requirements for individuals with DUI-DWI and/or Refusal related convictions and monitoring services provided by the IDRC (N.J.A.C. 10:162-1.2). The IDP is responsible for the administration of post-conviction interventions for individuals convicted of DUI-DWI offenses.  Through a partnership between the Department of Human Services, Administrative Office of the Courts, and the New Jersey Motor Vehicle Commission (MVC), the IDP administers New Jersey's post-conviction DUI-DWI and/or Refusal offenses system, approves and coordinates a network of county based and regional IDRC facilities that detain, educate, and screen individuals to determine the need for additional addiction treatment interventions, recommends appropriate license action (suspensions and/or restorations) to the MVC, and manages various other issues regarding documentation, general information, and response to public inquiry.

IDRC educates and evaluates individuals who have been convicted of DUI-DWI and/or Refusal. These individuals are mandated by the Municipal Court to participate in the IDRC program. IDRC facilities are established and operated by the counties in New Jersey and approved by the IDP. The IDRC detains and determines, on the basis of an evaluation and counselor evaluation and other information, the extent, if any, of an individual's substance use disorder-related problem and that monitor and report on referrals to approved treatment programs (N.J.A.C. 10:162-1.2).

There are potentially serious consequences in the event an individual fails to report to the initial IDRC screening or evaluation or any subsequent IDRC ordered treatment referral. The IDRC will notify the Municipal Court about the person's alleged non-compliance with the IDRC requirements (N.J.S.A. 39:4-50(f)). The Municipal Court will then schedule a non-compliance hearing (N.J.A.C. 10:162-8.1). An individual who is found to be in non-compliance with the IDRC requirements (i.e. attendance, education, screening, evaluation, referral, program, and/or fee) is subject to a two day Jail term by the Municipal Court and an indefinite revocation or suspension of their driver's license by the MVC until the requirements are satisfied (N.J.S.A. 39:4-50(b)).

The information above is a brief overview of IDRC non-compliance matters in the Municipal Courts of New Jersey. You should contact an experienced DUI-DWI defense attorney who will explain all of your options based upon the specific circumstances of your case and work hard to reduce or avoid the potential negative consequences.

The statute of limitations is the time limitation or deadline for the commencement or beginning of a prosecution. The applicable statute of limitations for a motor vehicle offense in New Jersey depends upon the type of traffic violation. In the case of most traffic tickets, the time limitation is generally within 30 days after the date of the offense (N.J.S.A. 39:5-3). However, certain traffic offenses have longer deadlines, such as 1 year for Leaving the Scene of an Accident (N.J.S.A. 39:4-129, N.J.S.A. 39:5-3b), 6 months for Driving Without Insurance (N.J.S.A. 39:6B-2), 90 days for Driving While Suspended (N.J.S.A. 39:3-40, N.J.S.A. 39:5-3b), 90 days for DUI-DWI and Refusal to Submit to a Breath Test (N.J.S.A. 39:4-50, N.J.S.A. 39:4-50.4a, N.J.S.A. 39:5-3b), and 90 days for Failure to Observe a Traffic Control Device, Traffic Signal or Traffic Light (N.J.S.A. 39:4-81, N.J.S.A. 39:5-3a).

​The information above is a brief overview of the statute of limitations associated with traffic ticket matters in the Municipal Courts of New Jersey. You should contact an experienced traffic violation defense attorney who will explain all of your options and defenses based upon the specific circumstances of your case and work hard to reduce or avoid the potential negative consequences.

There are numerous potential direct and collateral legal consequences associated with a conviction for Leaving the Scene of an Accident (N.J.S.A. 39:4-129) in the Municipal Courts of New Jersey. The direct consequences are the penalties which are imposed by the court, while the collateral consequences are the effects of having that offense on your driving history record. Examples of possible direct consequences associated with Leaving the Scene of an Accident (N.J.S.A. 39:4-129) include imprisonment up to 180 days, suspension of driver's license up to a permanent forfeiture, and a fine of up to $5,000.00. Examples of potential collateral consequences associated with Leaving the Scene of an Accident (N.J.S.A. 39:4-129) include up to 8 points imposed by the New Jersey Motor Vehicle Commission, immigration problems (if you are not a citizen of the United States, a conviction may result in your removal from the United States and/or stop you from being able to legally enter or re-enter the United States and you have the right to seek individualized advice from an attorney about the effect your guilty plea will have on your immigration status), work-related problems, commercial driver's license (CDL) issues, auto insurance problems, motor vehicle violations surcharges system assessment for 6 or more motor vehicle penalty points (N.J.S.A. 17:29A-35), and up to 8 automobile insurance eligibility points (N.J.S.A. 17:33B-14, N.J.A.C. 11:3-34.5 Appendix). A direct consequence associated with Failing to Report an Accident (N.J.S.A. 39:4-130) includes a fine of up to $100 or up to $1,000 in the event a person suppresses, by way of concealment or destruction, any evidence of a violation or suppresses the identity of the driver.

The information above is a brief overview of the potential consequences associated with Leaving the Scene and Hit and Run matters in the Municipal Courts of New Jersey. You should contact an experienced traffic attorney who will explain all of your options and defense based upon the specific circumstances of your case and work hard to reduce or avoid the potential negative consequences. All individuals accused of traffic offenses and other quasi-criminal offenses in New Jersey are entitled to the same constitutional protections as those accused of a serious felony crime, namely the right to be represented by an attorney, the right to remain silent, and the right to a speedy and fair trial where the State has the burden to prove each and every element of the offense beyond a reasonable doubt.

Yes, operating a motor vehicle during a period of driver's license suspension is a very serious offense or crime in New Jersey, which could result in significant direct and collateral consequences. Direct consequences are the penalties which are imposed by the court, while collateral consequences are the effects of having that offense on your record. Depending upon the circumstances of the case, a suspended driver is subject to the penalties of a traffic offense (N.J.S.A. 39:3-40) or a 4th degree crime (N.J.S.A. 2C:40-26). The direct penalties associated with the 4th degree crime include a term of mandatory imprisonment up to 18 months, of which at least 6 months shall be served without parole. The direct penalties of the traffic offense include a fine of up to $1,500, an additional license suspension of up to 30 months, and imprisonment up to 100 days. The potential collateral consequences associated with a suspended license violation include immigration problems (if you are not a citizen of the United States, a conviction may result in your removal from the United States and/or stop you from being able to legally enter or re-enter the United States and you have the right to seek individualized advice from an attorney about the effect your guilty plea will have on your immigration status), work-related problems, international travel restrictions (some countries deny entry to travelers with certain convictions), commercial driver's license (CDL) issues, auto insurance problems, motor vehicle violations surcharges system assessment of $250.00 per year for 3 years (N.J.S.A. 17:29A-35), and 9 automobile insurance eligibility points (N.J.S.A. 17:33B-14, N.J.A.C. 11:3-34.5 Appendix).

In the event a driver is not issued a ticket by a police officer for operating while suspended, but instead receives a ticket for another moving violation or is involved in an accident while suspended, the New Jersey Motor Vehicle Commission (MVC) will automatically issue a Scheduled Suspension Notice to the driver for 180 days (i.e. 6 months) of license suspension when the moving violation and/or accident is reported to the MVC (N.J.S.A. 39:3-40, N.J.S.A. 39:5-30, and N.J.A.C. 13:19-10.8).

The information above is a brief overview of the serious nature of matters involving driving with a suspended driver's license. You should contact an experienced defense attorney who will explain all of your options and defenses based upon the specific circumstances of your case and work hard to reduce or avoid the potential penalties. All individuals accused of traffic offenses and other quasi-criminal offenses in New Jersey are entitled to the same constitutional protections as those accused of a serious felony crime, namely the right to be represented by an attorney, the right to remain silent, and the right to a speedy and fair trial where the State has the burden to prove each and every element of the offense beyond a reasonable doubt.

​There are multiple levels of crimes and offenses in the State of New Jersey. The term crime is typically associated with criminal charges, which are categorized as felonies and carry a term of at least six months imprisonment (N.J.S.A. 2C:1-4(a)(1)). There are four classifications or grades of crimes in New Jersey, namely 1st degree, 2nd degree, 3rd degree, and 4th degree (N.J.S.A. 2C:43-1). Generally, 1st degree crimes are the most serious (i.e. imprisonment between 10 and 20 years N.J.S.A. 2C:43-6) followed by 2nd degree crimes (i.e. imprisonment between 5 and 10 years N.J.S.A. 2C:43-6). Next are 3rd degree crimes (i.e. imprisonment between 3 and 5 years N.J.S.A. 2C:43-6) followed by 4th degree crimes, which are the least serious crimes (i.e. imprisonment up to 18 months N.J.S.A. 2C:43-6). Ordinarily, there is a presumption of non imprisonment (N.J.S.A. 2C:44-1) associated with 3rd and 4th degree crimes. However, there are certain exceptions when that presumption does not apply (i.e. N.J.S.A. 2C:12-1(b)(12) Aggravated Assault-Domestic Violence, N.J.S.A. 2C:12-1.1 Knowingly Leaving the Scene of an Accident Resulting in Serious Bodily Injury, N.J.S.A. 2C:29-2 Eluding Police) and some 3rd and 4th degree crimes have mandatory minimum periods of parole ineligibility (i.e. N.J.S.A. 2C:40-26 Operating Motor Vehicle During Period of License Suspension). In addition, crimes referred to as high misdemeanors are categorized as 3rd degree crimes and crimes referred to as misdemeanors are categorized as 4th degree crimes (N.J.S.A. 2C:43-1).

​The term offense is typically associated with quasi-criminal matters, namely disorderly persons offenses, petty disorderly persons offenses, municipal ordinance violations, and motor vehicle offenses. Disorderly persons offenses and petty disorderly persons offenses are classified as quasi-criminal offenses and are not crimes within the meaning of the New Jersey Constitution (N.J.S.A. 2C:1-4(b)(1)). Generally, disorderly persons offenses are the most serious type of quasi-criminal offense (i.e. imprisonment up to 6 months N.J.S.A. 2C:1-4) and traffic offenses are the least serious. However, there are exceptions due to the fact that certain offenses that are categorized as motor vehicle and traffic offenses (i.e. N.J.S.A. 39:3-40 Driving While License Suspended or Revoked, N.J.S.A. 39:4-50 Operating Under the Influence of Liquor or Drugs, and N.J.S.A. 39:4-129 Leaving the Scene of an Accident), have mandatory jail sentences depending upon the facts, circumstances, and the number of prior offenses. All individuals accused of traffic offenses and other quasi-criminal offenses in New Jersey are entitled to the same constitutional protections as those accused of a serious felony crime, namely the right to be represented by an attorney, the right to remain silent, and the right to a speedy and fair trial where the State has the burden to prove each and every element of the the offense beyond a reasonable doubt.

​The information above is a brief overview of the levels of crimes and offenses. You should contact an experienced criminal defense attorney who will explain all of your options and defense based upon the specific circumstances of your case and work hard to reduce or avoid the potential penalties.

There are numerous direct and collateral legal consequences associated with a conviction for Operating Under the Influence of Liquor or Drugs (N.J.S.A. 39:4-50), Refusal to Submit to Chemical Test Penalties (N.J.S.A. 39:4-50.4a), and Consent to Take Samples of Breath Record (N.J.S.A. 39:4-50.2) in the municipal courts of New Jersey. The direct consequences of a DUI-DWI offense are the penalties which are imposed by the court, while the collateral consequences are the effects of having that offense on your driving history record. Examples of direct consequences associated with a DUI-DWI offense include imprisonment up to 180 days, forfeiture of driver's license for up to 8 years, installation of an ignition interlock device for up to 4 years, fine of up to $1,000.00, counseling requirements of the intoxicated driver's resource center (IDRC), and community service for 30 days. Examples of collateral consequences include immigration problems (if you are not a citizen of the United States, a conviction may result in your removal from the United States and/or stop you from being able to legally enter or re-enter the United States and you have the right to seek individualized advice from an attorney about the effect your guilty plea will have on your immigration status), work-related problems, international travel restrictions (certain countries deny entry to travelers with DUI-DWI convictions), commercial driver's license (CDL) issues, auto insurance problems, motor vehicle violations surcharges system assessment of $1,000.00 per year for 3 years for the 1st and 2nd offenses; and $1,500.00 per year for 3 years for 3rd and subsequent offenses (N.J.S.A. 17:29A-35), 9 automobile insurance eligibility points (N.J.S.A. 17:33B-14, N.J.A.C. 11:3-34.5 Appendix), prohibition from acquiring vanity (i.e. personalized) license plates for 10 years (N.J.A.C. 13:20-34.4), and loss of right to sue with no cause of action for recovery of economic or non-economic loss sustained as a result of an accident (N.J.S.A. 39:6A-4.5(b)).

The information above is a brief overview of the potential consequences associated with a DUI-DWI matter in Municipal Court. You should contact an experienced DUI-DWI defense attorney who will explain all of your options and defenses based upon the specific circumstances of your case and work hard to reduce or avoid the potential negative consequences. All individuals accused of traffic offenses and other quasi-criminal offenses in New Jersey are entitled to the same constitutional protections as those accused of a serious felony crime, namely the right to be represented by an attorney, the right to remain silent, and the right to a speedy and fair trial where the State has the burden to prove each and every element of the offense beyond a reasonable doubt.

In Municipal Court, Post-Conviction Relief (PCR) involves the filing of a petition in order to correct an injustice (Court Rule 7:10-2). The term post-conviction means after a judgment of conviction and sentence, which occurs after a trial or guilty plea. A petition for PCR challenges a judgment of conviction and sentence that was previously imposed by the same court. The PCR process is a different and separate process from the appeal process. A petition for PCR is not a substitute for an appeal. The appellate process seeks a review by a higher court, whereas the PCR process occurs in the same municipal court as the proceedings which gave rise to the conviction. Generally, a PCR petition alleges a denial of constitutional rights, there was no factual basis provided to the Court in order to support the plea, ineffective assistance of counsel, an illegal sentence was imposed, a lack of jurisdiction, or most commonly, the petition seeks to obtain relief from an enhanced custodial term based on a uncounseled prior conviction. In some circumstances, there are also motions that may be filed on a post-conviction basis, such as a motion for a new trial due to fraud, lack of jurisdiction, or newly discovered evidence (Court Rule 7:10-1) and/or a motion to withdraw or vacate a guilty plea in order to correct a manifest injustice (Court Rule 7:6-2). Importantly, there are specific time limitations and restrictions associated with the filing of certain types of petitions or motions.

PCR is a very important tool utilized by experienced defense attorneys in order reduce potential direct and collateral consequences for clients. Specifically, when clients are facing a 3rd DUI-DWI offense, skilled DUI-DWI lawyers will immediately investigate the prior DUI-DWI matters in order to determine whether the prior offenses can be challenged on a PCR basis. In the event a PCR petition is successful in connection with a prior DUI-DWI offense, then the prior uncounseled conviction may not be used to enhance the jail sentence associated with a 3rd offense. Accordingly, the client may not be subject to the mandatory jail term of 180 days. In certain circumstances, the client may not be subjected to any jail sentence at all.

The information above is a brief overview of PCR in Municipal Court. You should contact an experienced defense attorney who will explain all of your options and potential arguments based upon the specific circumstances of your case and work hard to reduce or avoid the potential penalties.

A defense lawyer plays a critical role in the justice system, namely representing someone who is suspected or accused of committing a crime or offense. The defense lawyer's job is to protect the rights of a suspect or defendant by providing effective legal assistance and advice to their clients. Every suspect or defendant has the constitutional right to remain silent and cannot be forced to answer any questions or make any statements. The only person that a suspect or defendant should speak to is their defense lawyer since everything they discuss privately is privileged and confidential.  Often times, the only person that a suspect or defendant can trust is their defense lawyer. A defense lawyer is the only person on their side in the justice system. A defense lawyer is the only party in a criminal case who has the duty and responsibility of balancing the scales of justice for the accused. A defense lawyer understands that it is the government's burden or job to prove that the defendant violated each and every element the law that they are accused of violating beyond a reasonable doubt. Therefore, a defense lawyer never has to prove a client's innocence. A common misconception still exists that a defense lawyer's job it to prove that the client did not commit the crime or offense. That is not the job of a defense lawyer. Many criminal laws and traffic laws have numerous elements that the government is required to prove beyond a reasonable doubt. A defense lawyer protects the rights of their clients by challenging the government's evidence through skilled methods, such as presenting legal arguments and questioning witnesses in Court in order to show the existence of reasonable doubt. Therefore, defendants who have a defense lawyer do NOT have to give up their important constitutional right to remain silent in order to challenge the government's case by presenting arguments or defenses in Court.

The information above is a brief overview of the role of a defense attorney. You should contact an experienced defense attorney who will explain all of your options and defenses based upon the specific circumstances of your case and work hard to reduce or avoid the potential penalties.