NJ Driver Unaware He Was Driving Without Insurance

May 15, 2017 · Posted in License / Insurance Blog 

DRIVING WITHOUT INSURANCE UNDER 39:6B-2 WHEN DRIVER OF CAR IS NOT THE OWNER AND DOES NOT KNOW THE CAR IS UNINSURED, PROPER REQUIREMENTS TO CANCEL AUTO INSURANCE POLICY IN NEW JERSEY, AND DEFENDING CHARGE OF 39:3-40 DRIVING WITH SUSPENDED REGISTRATION

We recently appeared in the Colts Neck Municipal Court representing a young man charged with driving without insurance under 39:6B-2 and driving a car with a suspended registration under 39:3-40. These are both serious violations. The uninsured ticket carries with it a fine of between $300 and $1000, community service, and a one year license suspension. The driving with a suspended registration carries with it a fine of $500 and a 6 month suspension of license.
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How to Respond to a Notice of Proposed Suspension from the MVC

May 27, 2016 · Posted in Blog, License / Insurance Blog 

If you have received a Notice of Proposed Suspension from the New Jersey Motor Vehicle Commission (“MVC”) it is imperative that you act immediately in order to prevent your driver’s license from being suspended.  All Notices of Proposed Suspension will contain the following information: (1) a notice that the MVC intend to suspend you driving privileges; (2) the reason for the proposed suspension; and (3) the effective date of the proposed suspension.
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Pharmaceutical Sales Representatives: How to Clean Your New Jersey Driving Record

February 9, 2016 · Posted in Blog, License / Insurance Blog 

As a Pharmaceutical Sales Representative, you know just how important it isto have a clean driving record, but you also know how difficult it is to keep it that way.   Your position probably requires you to spend a significant amount of time in your car, or – as some Pharmaceutical Sales Representatives have described it – your “mobile office.” With the increased time spent driving, the likelihood of obtaining motor vehicle infractions is also increased, however.  Even if you consider yourself safe driver, sometimes motor vehicle infractions are inevitable, especially when you spend hours on the road on a daily basis.

For Pharmaceutical Sales Representatives, however, having any violations of your record – even those non-moving violations which carry zero points under New Jersey law – can pose significant problems with your employment.  Pharmaceutical companies have strict policies in place when it comes to the Motor Vehicle Records (“MVRs”) of their employees – and for good reason.  Insurance rates for at-risk drivers are higher.
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Insurance and Liability Issues Facing Uber and Lyft Drivers

July 12, 2014 · Posted in Blog, License / Insurance Blog 

Ridesharing services such as Uber and Lyft have dramatically grown in popularity in New Jersey. These services pride themselves in making it easier and cheaper to obtain taxi services. Ridesharing services boast that they can operate at a cost of up to 50% less than the price of regular taxi cabs in some cities.  Unlike taxis, however, customers do not hail Uber or Lyft drivers on the street.  Instead, customers download the Uber or Lyft app to their smartphone and arrange for and pay for the driver through the app.  Ridesharing service  drivers consist primarily of individuals with other jobs who moonlight their personal, driver-for-hire services to supplement their income.  The companies perform background checks on the drivers, inspect their vehicles, and give them a meter.  Drivers work their own hours and use their own vehicles to transport customers. Read More »

Conditional Licenses for New York Licensed Drivers Convicted of DUI in New Jersey

July 15, 2013 · Posted in Blog, DWI / DUI Blog, License / Insurance Blog 

Often times, the Law Office of Randolph H. Wolf represents individuals who are convicted of driving under the influence (“DUI”) in New Jersey but who are licensed in another state.  While New Jersey will not permit conditional driving privileges under any circumstances, it may be possible for those individuals who are licensed in New York to receive a conditional license from the New York DMV.

Pursuant to New York State VTL §1196 (7), an individual that is convicted of DUI in another state may be issued a conditional license, provided they participate in what is known as the Drunk Driver Program (also known as DDP).  The DDP is a 16-hour educational and rehabilitative program.  To enroll in the DDP, an out-of-state DUI applicant must first wait until the New York DMV enters proof of the out-of-state DUI conviction in their system.  The NY DMV will then mail the individual an Order of Suspension or Revocation along with information regarding enrolling in the DDP.  Applicants are generally eligible to participate in the DDP as long as they have not been convicted of DUI in the last five years.  The program, however, is not available for those convicted of a refusal.   Read More »

How to Remove Points From Your New Jersey License

May 13, 2013 · Posted in Blog, License / Insurance Blog 

In New Jersey, having points on your license can lead to insurance surcharges (at six points) and the suspension of your driving privileges (at twelve points). You should know how many points you currently have on your license.  You can check this by requesting a copy of your driving record from the NJDMV.

If you have accumulated points, you can remove them from your license in different ways.  In New Jersey, drivers who want to remove points from the license or have to complete a sentence related to a traffic offense can take programs to lessen the amount of points on their license and save them insurance costs and the possibility of state surcharge fees.

Driver Improvement Program

This program is often offered to drivers instead of a 30-day driver’s license suspension in cases where they have accrued between 12-14 points on their license in a two-year time period.  The program costs $150.  When a driver completes the program, up to three points can be removed from their driver’s license.  It should be noted that you can only receive a two point reduction once every five years.

Defensive Driving Program

A driver can get two points reduced from their driving record and often reduce their insurance costs by completing a defensive driving course.  However, it should be noted that an individual can only complete the defensive driving course once every five years.

In addition to the above-mentioned programs, drivers who do not receive a violation for a period of one year from the most recent traffic violation will have three points removed.

If you have been issued a traffic ticket and are facing points on your license, contact the Law Office of Randolph H. Wolf today.  We have been representing individuals in traffic and traffic-related criminal matters in New Jersey for almost 30 years. We will work to challenge evidence and the circumstances surrounding your stop and ticket in order to get your traffic ticket reduced or dismissed.  Contact us today at (732) 741-4448 to schedule a free, initial consultation.

License Suspension Dramatically Lowered for Truck-Driver Client

January 3, 2013 · Posted in Blog, License / Insurance Blog 

The Law Office of Randolph H. Wolf recently represented a client whose Commercial Driver’s License (“CDL”) was suspended until May 28, 2014, and whose personal driver’s license was suspended until March 29, 2013.  The client’s suspensions stemmed from a missed time payment for surcharges.  Because the client had not updated his address with the MVC, he did not receive notice of the suspension.  Thereafter, the client was stopped in various states for minor traffic violations. When the New Jersey MVC saw that the client was still driving, they imposed an additional series of suspensions on him for driving during a period of suspension.

The client retained us to sort through his various suspensions and to try to get his period of suspension reduced.  We explained to the DMV that our client was a commercial truck driver who drove, on average, 3,500 miles per week and that, as a result of the suspension of his driving privileges, our client’s ability to earn a living was severely impaired.  Additionally, we explained that the client, whose wife was deceased, was the father of four children, ages 11 to 16.  Thus, in addition to impairing his ability to earn a living, the suspension of his driving privileges severely impaired our client’s ability to provide for our children.

We also explained the client’s situation regarding his failure to update his address and pointed out that he did not have notice that his New Jersey license was suspended when he received the traffic violations.   Finally, we pointed out that, at this point in time, the client had already served over two months of his suspension.

We were able to work on a favorable resolution for our client.  The New Jersey MVC first agreed to run the series of suspensions concurrently, rather than consecutively, which reduced the client’s CDL suspension from May 28, 2014, until March 29, 2013.  Additionally, based upon the mitigating circumstances and considering the client’s need to driving privileges, the MVC agreed to reduce the March 29, 2013, suspensions on both the client’s personal and CDL from 180 days to 75 days.  Because the client had already served two and a half months of his suspension, that meant that he was immediately eligible to have his driving privileges restored.

New Law Imposes Longer Jail Sentences For Driving With a License Suspended or Revoked for Drunken Driving

December 3, 2012 · Posted in Blog, DWI / DUI Blog, License / Insurance Blog 

After reports of serious and fatal accidents caused by drivers whose licenses had been suspended for drunken-driving-related offenses, the Legislature enacted N.J.S.A. 2C:40-26(b).  The law became effective on August 2, 2011.

The statute makes it a fourth-degree crime for a motorist to operate a vehicle at a time when his or her driver’s license is suspended or revoked for a second or subsequent conviction for driving while intoxicated (DWI) or refusal to submit to an alcohol breath test. Any conviction under this statute carries a minimum mandatory jail sentence of six months in the county jail. The maximum period of incarceration is 18 months in state prison. This incarceration is in addition to the fines and additional license suspension, which you would incur as a result of the conviction for the related traffic offense.

The previous penalty for driving while under suspension issued pursuant to N.J.S.A. 39:4-50, driving while under the influence of liquor or drugs, included an additional $500.00 fine, a license suspension for an additional period of one to two years, and 10 to 90 days in prison.

The statute’s enhanced penalties apply regardless of whether or not the driver was intoxicated when he or she was driving.  The point is that he or she was caught driving after having his license suspended for drunk driving.

Driving while suspended is normally a motor vehicle offense handled in municipal court.  However, if a person fits within this statute, the case will be heard in Superior Court, as the offense is a fourth-degree crime.  Additionally, while a fourth-degree conviction would normally carry a presumption of non-imprisonment, if a person is convicted of this offense, there is a mandatory six months in jail without parole.  If you are charged with this serious offense, you should consult an attorney immediately.

Fault Vs. No-Fault Insurance

September 5, 2012 · Posted in Blog, License / Insurance Blog 

Fault and no fault are common phrases used when talking about car insurance. They are applicable to two separate aspects of insurance:

  • The type of policy and the car insurance laws of each state.
  • Driving classifications which may impact the cost of your car insurance.

Fault in Relation to Driving Accidents and Moving Violations

In an accident or traffic violation, when you are found to be at fault, the insurance companies have placed the blame for the situation on you. For example, if you are convicted of a moving violation with respect to a car accident, your insurance company will assess insurance points against you and your insurance rates may increase accordingly. Even if you are not convicted of a moving violation your insurance company may determine that you are at fault in an accident and that the cause of an accident you were involved in was due to your failure to observe traffic laws, make proper observations, or drive safely. Points may be added to your driving record if you are found to be at fault in an incident. These added points will indicate to insurance companies that you are a risk.
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Uninsured or Underinsured Motorists

March 5, 2012 · Posted in Blog, License / Insurance Blog 

New Jersey requires all automobiles registered in or principally garaged in the state to carry liability insurance in the minimum amount of $15,000.00. If a driver fails to carry the necessary auto insurance he puts more than just himself at risk. If he or she causes injury to you or your family members, suing him or her for damages will be useless if that driver does not have sufficient assets to collect your damages against.

However, your own insurance policy has uninsured and/or under-insured motorist coverage to protect you these cases. It is essential to contact an attorney to create a plan of action if you have been involved in a car accident with an uninsured or under-insured driver.
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