Serious traffic violations in New Jersey
In most states such as neighboring states New York, Massachusetts,
etc., many serious traffic violations such as driving under suspension, reckless
driving, and driving under the influence are automobile crimes. However, this
is not so in New Jersey. Nonetheless, being charged with such violations is
still a serious matter and carries heavy fines, insurance increases, license
suspensions and the real possibility of jail time. This is why it is important
to fight all serious driving charges in New Jersey which have been brought
against you.
39:3-40 Driving While Suspended in New Jersey
The violation of Driving While Suspended is set
forth at NJSA 39:3-40. Under the statute, no person may operate a vehicle
if a license has been refused, suspended, or revoked, or who has been prohibited
from obtaining a drivers license. Furthermore, the law also prohibits operation
of a motor vehicle whose registration has been suspended or revoked.
Conviction of
NJ driving while suspended carries the following penalties:
In addition to the above, if the suspension occurred
while under suspension due to a DWI, 39:4-50, the fine shall be increased
by $500.00, surcharge increased by $750.00, an extension of the suspension
for at least 1 year, and up to 90 days in jail.
If you are given a violation summons for operating
under suspension, our NJ suspended license defense lawyers can help you through
this difficult time. There are defenses to the charge of driving while suspended,
and our New Jersey suspended license attorneys know how to assert them to
protect your rights.
There are numerous reasons why New Jersey driving
privileges may be suspended under 39:3-40. Often times it is just an administrative
suspension forgetting to answer a ticket or pay a fine. Other times it is
punitive, such as a suspension for conviction of drinking and driving. Often
the key to getting the case dismissed is to just clear up the cause of the
underlying suspension. Other times it’s more difficult, but either way our
New Jersey suspended license traffic court lawyers can represent and assist
you.
If we have to prepare a case we are ready to defend
the accusation against you of operating under suspension in NJ. When the suspension
was done directly by the New Jersey Motor Vehicle Commission, the first thing
the state must prove is that you as the motorist had adequate notice of suspension.
This requires that the state prove fair and adequate notice to the licensed
driver of the proposed suspension of their license, and articulation of the
specific reasons as to why the license was being suspended. See, Parsekian
v. Cresse, 75 N.J. Super. 405 (App Div. 1962). In addition, the notice
sent must be notice was reasonably calculated to reach the intended party.
See, State v. Wenof, 102 N.J. Super. (Law Div. 1968). When a
notice of scheduled suspension and order of suspension is mailed to defendant,
but was returned undelivered, this is a valid defense for lack of notice,
See, State v. Hammond, 116 N.J. Super. 244 (Cty. Ct. 1971);
however moving and failure to provide a forwarding address or not changing
your address of record with the NJ MVC is not a defense. See, Wenof.
When the suspension was issued by a New Jersey
court for things like a traffic ticket conviction, driving without insurance,
or driving while intoxicated, the burden for the State of NJ to prove the
suspension is much lower. All the state has to produce into evidence is a
certified abstract showing the suspension date. However, our NJ traffic court
suspended license lawyers still attack the validity of the document and ensure
that the entry of the record into evidence complies with the business record’s
exception to the hearsay rule. Our suspended license lawyers will also challenge
the underlying court suspension as improper. Examples include defendant not
notified to be in court and the suspension taking place without the defendant
present, or for other reasons that the prior suspension may be illegal and/or
unconstitutional.
A New Jersey driver’s license remains suspended
until they pay a $50.00 restoration fee. Many people are suspended because
this restoration fee was never paid. Often when a court suspends a license
the court tells the defendant of the suspension period but not of the restoration
fee. This gives rise to a lack of notice claim. In addition to that defense,
our NJ license suspension defense lawyers raise the case of State v. Somma,
215 N.J. Super. 142 (Law Div 1986), where the court held that the failure
to pay the $50.00 fee for restoration of the suspended drivers license does
not extend the period of suspension. These defenses often lead to a dismissal
of the suspended operation charge, 39:3-40.
New Jersey Reckless & Careless Driving Defense Lawyer
New Jersey reckless driving, § 39:4-96, is a serious violation.
A person convicted of reckless driving in New Jersey is facing a huge insurance
increase, 5 points on their license, a license suspension, and possibly jail
time.
Under NJ § 39:4-96, reckless driving is defined as:
“A person who drives a vehicle heedlessly, in willful or wanton disregard
of the rights or safety of others, in a manner so as to endanger, or be likely
to endanger, a person or property…”
Under NJ § 39:4-97, careless driving is defined as:
“A person who drives a vehicle carelessly, or without due caution
and circumspection, in a manner so as to endanger, or be likely to endanger,
a person or property, shall be guilty of careless driving.”
Although serious, careless driving § 39:4-97is a “lesser and included” of reckless driving
§ 39:4-96, as it carries only 2 points (less than
that of most speeding charges) and no jail time. Often times when charged
with reckless driving the prudent thing to do is to have your NJ reckless
driving defense lawyer plea bargain the conviction down to careless driving.
However, our New Jersey reckless and careless driving
defense lawyers are prepared to go the distance for you. Both reckless and
careless driving involves serious and complex legal issues and defense strategies
that our reckless driving defense lawyers are ready to deploy for you. Our
defenses include:
Failure to
operate a motor vehicle with insurance is one of the few strict liability
statutes in New Jersey, as the statute makes it perfectly clear that:
"Every
owner or registered owner of a motor vehicle registered or principally garaged
in this state shall maintain motor vehicle coverage…" N.J.S.A. 39:6B-1.
Failure
to produce in court an insurance card, policy, or coverage letter covering
the date of the offense creates a presumption that the person was uninsured
when ticketed. While
lack of knowledge is not a defense, see, State
v. Kopp,
171 NJ Super 528 (Law Div. 1980), however the state must still carry its burden
of proving that an automobile liability insurance was lawfully canceled, even
if the cancelation was for non-payment of premiums. See, State v.
Hochman, 188 NJ Super 382 (App. Div. 1982).
Defending your operating
without insurance charges
Our NJ uninsured defense attorneys work hard at
defending your § 39:6B-2 and § 39:6B-1 charges
of operating without insurance. Defenses include:
Often, the best defense is remediation and plea bargain to a lesser charge,
such as failure to produce documentation. Remediation can include repairing
your insurance lapse or removing the vehicle from the road by showing the
court proof of sale or surrender of plates to the Department of Motor Vehicles.
In any direction you want to go, our NJ operating without insurance lawyers
can represent and help you through the process.
New Jersey
Hit and Run Defense Lawyers
Fleeing the
scene of an accident, whether there were personal injuries or just property
damage, is taken very seriously in NJ. Under § 39:4-129(a), failing to stop
at a personal injury accident results in a fine between
$2,500 and $5,000, jail for up to 180 days, or both. Further, the driver’s
license must be revoked for at least one year from the date of conviction.
This is also an 8 point conviction, the highest in New Jersey.
Under § 39:4-129(b),
failing to stop at a properly damage accident results in a fine between $200
and $400, jail of up to 30 days, or both. In addition, the driver’s license
must be revoked for at least 6 months from the date of conviction. This is
also a 2 point conviction.
Hit and run
is very serious in NJ. If you have been charged with leaving the scene of
an accident, contact our New Jersey leaving the scene of an accident defense
lawyers. Our hit and run lawyers and attorney will prepare your case and tell
your side of the story. Often times the accused did not even know he was involved
in an accident. This is a viable defense to the claim. Further, in any NJ
defense to leaving the scene of an accident, it is critical that you remediate
the damage, pay restitution, and exchange insurance information. Our failure
to report and accident defense attorneys will assist you in your leaving the
scene of an accident defense to make sure all of the necessary reporting gets
accomplished.
