Jump to content


Photo

Driving While suspended; no insurance. NJ law help


  • Please log in to reply
6 replies to this topic

#1 rayne_mayne

rayne_mayne

    New Member

  • Members
  • 3 posts

Posted 15 January 2013 - 10:19 AM

Last night My buddy drove me to wawa convenience in my car (I was too drunk to drive). When i came out of wawa i went to sit in my car while waiting for my friend to get back (he had gone with a couple guys to drop them home) A cop came up behind me and turned his lights on. Meanwhile im sitting in my car without the keys in the ignition because I didn't want to get a DUI and I know laws on it are strict.

The officer proceeds to say he saw me driving the car when he ran the plates before I got into wawa. Called me a liar for making up the story, got angry at me for saying anything...okay whatever. He then issued me two tickets driving while suspended registration and no insurance.

My question is, is this legal? I wasn't driving my car when he "pulled" (Car was parked on the street keys not in ignition) me over. Can he really just say he saw me driving it before i went inside the store? Either way im pretty screwed because i wasn't aware my insurance had expired and iv been reading online that in court it makes no differences if you had prior knowledge or not

#2 FindLaw_Amir

FindLaw_Amir

    Platinum Contributor

  • Moderators
  • 62,345 posts

Posted 15 January 2013 - 10:33 AM

My question is, is this legal?


Did you let your friend drive your car knowing the registration was suspended and had no insurance coverage?
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#3 rayne_mayne

rayne_mayne

    New Member

  • Members
  • 3 posts

Posted 15 January 2013 - 10:36 AM

Did you let your friend drive your car knowing the registration was suspended and had no insurance coverage?


I knew that they had suspended the registration but I was not aware the insurance coverage had expired on the 24th of december.

#4 adjusterjack

adjusterjack

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 2,949 posts

Posted 15 January 2013 - 01:46 PM

Step 1 - Buy insurance.

Step 2 - Fix the suspended registration.

I haven't looked up NJ laws but it's possible that getting those two things done ASAP could get both tickets dismissed.

Step 3 - Take your driver license out of your wallet and look at the expiration date to make sure it's still good. Then get your driving record from the DMV to make sure that's not been suspended.

Step 4 - Quit drinking.

Step 5 - Pay attention to your obligations and record keeping.

This ordeal should be a grim warning to you that you are failing at life and are potentially heading for some serious and expensive consequences.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 pg1067

pg1067

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 44,336 posts

Posted 15 January 2013 - 02:10 PM

My question is, is this legal? I wasn't driving my car when he "pulled" (Car was parked on the street keys not in ignition) me over. Can he really just say he saw me driving it before i went inside the store? Either way im pretty screwed because i wasn't aware my insurance had expired and iv been reading online that in court it makes no differences if you had prior knowledge or not


"Can he really just say he saw you driving"? Or course he can. I can't understand why there's even a question here. You can say you weren't driving. He can say you were. Even if he is mistaken, do you have any reason to believe that he does not actually believe it to be true? Presumably, your friend can testify to corroborate your story.

As far as the registration and insurance, you admittedly had actual knowledge that it was expired. Driving yourself (which you presumably did before you got drunk and your friend took over) or letting someone else drive is a crime. I'm not sure how you could be unaware that your insurance had expired, but you certainly had what's called "constructive knowledge" that the policy had expired (i.e., you should have been aware of the expiration of your own policy). Therefore, unless the applicable NJ statute only kicks in if you had actual knowledge, driving without the required insurance is also a crime.

I won't go as far as the prior response, but you definitely need to keep better tabs on things like auto registration and insurance, and the fact that you have the time and ability to go out with your buddies and get drunk but failed to deal with important stuff like this means you don't have your priorities in order.

#6 rayne_mayne

rayne_mayne

    New Member

  • Members
  • 3 posts

Posted 15 January 2013 - 02:30 PM

I appreciate the input and help everyone. I laughed out loud pretty hard when I read "This ordeal should be a grim warning to you that you are failing at life and are potentially heading for some serious and expensive consequences." because its very true.

Well live and learn i suppose. Hopefully now that I have straightened up my registration and insurance I can lessen the punishment as its my first offense but seems like I'm just at the mercy of the court at this point.

#7 dThurman

dThurman

    Contributor

  • Members
  • PipPip
  • 147 posts

Posted 30 March 2013 - 06:19 AM

 I recently went through something like this in GA. I paid my local agent for my auto insurance three (3) days before the expiration date, this was in August. Then I get a letter from the State about six (6) weeks later telling me that my registration had been suspended for expired insurance. Of course I went straight to my agent to ask about this. The agent mailed my check to **** Insurance, which probably took a few days, then *** did not post it to their bank account for an additional eight (8) days. Therefore my insurance was technically paid eleven (11) days after the due date and *** notified the State that my insurance had expired and the State suspended my registration. While trying to get all of this straight and in writing I went to the local tag office, as instructed by the State letter, to get this straightened out. The tag office lady looked up my registration and told me that it was not suspended and that **** must have notified the State that I had been reinstated within a ten (10) day period the State requires. So I felt all was well until two weeks ago I was stopped out of town due to "suspended registration" which was caught with one of those License Plate Reader cameras. I was arrested, taken to jail, my vehicle towed, and my son and two grandson's were put out of the vehicle beside the road and told to "walk home". Fortunately my son's Dad-in-law live nearby and came quickly to get them and my son bailed me out about four (4) hours later. It took another four (4) days to get my truck out of impoundment due to the arresting officer not filing his report in a timely manner. Big bill there to get my truck.   *** will not give me anything in writing as to the mailing and late posting of the payment. The local agent has told me that they cannot, and will not give me anything as *** has to do this. I went back to the tag office two days after the incident to check on the registration and they ran my plate and told me that it was NOT suspended in their computer. The lady also informed me that the police do not use the same computer program from the State that tag offices use--Oh Boy! Yes, I have an attorney working on this and he has not been able to get cooperation from ****. The attorney has also notified me that the Magistrate Judge in that county has offered me a plea deal: State law plainly states that for this first offense there is a minimum fine of $500 and ten (10) days of jail time. The Judge has offered me a fine of $1200, no jail time, and twelve (12) months probation for any traffic offense. I'm going to court. It appears that this will take a court order to get any printed information from ****. I did file an official complaint on the officer for putting my son/g'son's out to walk and he has denied that there was anyone else in the vehicle. Yes, my son is going to appear in court also.


Edited by FindLaw_AHK, 01 April 2013 - 07:41 AM.
This post has been edited to remove personal or identifying information. -Moderator





0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users