Points: none
Penalties: first offense, a fine of $300 to $1,000, a period of community service to be determined by the court, and loss of license for one year from the date of conviction.
Upon subsequent conviction, he (or she) shall be subject to a fine of up to $5,000 and shall be subject to imprisonment for a term of 14 days and shall be ordered by the court to perform community service for a period of 30 days, and shall forfeit his/ her right to operate a motor vehicle for a period of two years from the date of the conviction, and, after the expiration of said period, he/ she may make application to the Director of the Division of Motor Vehicles for a license to operate a motor vehicle, which application may be granted at the discretion of the director.
A complaint for violation of this act may be made to a municipal court at any time within six months after the date of the alleged offense.
Failure to produce at the time of trial an insurance identification card, or an insurance policy, which was in force for the time of operation for which the offense is charged, creates a rebuttable presumption that the person was uninsured when charged with a violation of this section.
CASES:
State failed to sustain its burden of proving beyond a reasonable doubt that automobile liability insurance policy covering defendant's vehicle was lawfully cancelled, and thus his conviction for violating compulsory insurance provisions could not stand. State v. Hochman, 188 N.J.Super. 382, 457 A.2d 1156 (A.D.1982).
It was not shown that the driver knew, or should have known, from attendant circumstances that the motor vehicle she/ he was operating was not covered by required liability insurance policy, where insurance identification card was produced at trial and stated effective date as of date of the accident, where insurance declaration page face sheet noted policy on card was effective before accident, and where driver's testimony was that she understood that car had been registered and insurance paid the morning of the accident. State v. David, 287 N.J.Super. 434, 671 A.2d 195 (A.D.1996).
Provision of this section that, inter alia, any operator who operates, or causes motor vehicle to be operated knowing that vehicle is without motor vehicle liability insurance coverage, is subject to certain penalties, does not require that one actually be "operator" of vehicle to be subject to penalties but applies to one who causes to be operated a motor vehicle as well as one who operates motor vehicle, and thus applied to defendant, who was not owner, registrant or operator of motor vehicle but who nevertheless was in control of vehicle and admitted that he caused it to be operated. State v. Schumm, 146 N.J.Super. 30, 368 A.2d 956 (A.D.1977), affirmed 75 N.J. 199, 381 A.2d