Is Driving Without Insurance a Serious Offense?

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.