Another 39:6B(2) violation dismissed

People run into lots if problems when they get caught driving without insurance. But contrary to what the prosecutor may tell you when you go to court by yourself, there are many good defenses to a no insurance ticket. In fact, my track record and success rate with 39:6B(2) violations  is outstanding.

When I first started practicing law, I had the good fortune of working with a meticulous and experienced lawyer. In one instance, he was defending an individual who had been charged with driving without insurance. He told me about the facts of the case and asked me what I would do to defend it. I answered him directly and said, “first I would read the statute.” He smiled and said “good answer.” You must understand the law that affects the case. In the realm of auto liability insurance and driving without it, there are two different sets of laws that apply. One obviously is Title 39 of the Motor Vehicle Code, specifically 39:6B2. The other is Title 17 of the Administrative Code.

To defend a no insurance case, you better have a thorough understanding of the statutory law and the case-law that has interpreted it. Not every cancelled policy is cancelled correctly. See i.e. State v Hochman.

And not every driver is responsible for knowing the car is uninsured.

There are many legitimate defenses to driving without insurance. Putting those defenses together is not always easy. It can mean dealing with insurance companies, subpoenaing witnesses, and putting in time. Lots of lawyer don’t like this. But I have handles many of these cases and know the proper route to take.

The penalties are stiff… one year loss of license. This is more than a DWI in most cases. To make matters worse, much of the time, there is no accident or incident, just the cops running a plate or pulling someone over for something minor and it comes to light that the vehicle is uninsured.

THERE ARE DEFENSES, speak with a lawyer before you go to court and say something to the prosecutor that you may regret.


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