The Bronx, NY asked in Traffic Tickets for New Jersey

Q: Can a ticket be issued (no insurance card) without a traffic stop in the State of NJ.

court notice was received for appearance for no insurance card. There was never a traffic stop. It appears that someone reported a hit and run with my car two-three months prior and this is how they were contacting me by issuing a ticket?? It just doesn't sound right. The ticket date does not correspond with the alleged hit and run incident.

Related Topics:
4 Lawyer Answers
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • Traffic Tickets Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Definitely get yourself a lawyer because if you end up getting charged with no insurance you could face loss of your license to drive.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • Traffic Tickets Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Definitely get yourself a lawyer because if you end up getting charged with no insurance you could face loss of your license to drive. And yes you can be issued a ticket without being stopped by a police officer. I suggest that you set up one of the free in office consultations that most of us traffic ticket lawyers offer.

James A. Abate
James A. Abate
Answered
  • Criminal Law Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: An allegation of driving without insurance can require a suspension. Given your situation, you may have been charged with leaving the scene of an accident, which has a mandatory suspension. I agree you should consult with an attorney.

Michael A. Smolensky
Michael A. Smolensky
Answered
  • Traffic Tickets Lawyer
  • Cinnaminson, NJ
  • Licensed in New Jersey

A: The surprise is understandable but the description of the procedure appears to satisfy the requirements of law as provided under the New Jersey Rules of Court.

New Jersey Rules of Court do not require the defendant to be named for non-moving traffic offenses. Instead, it is sufficient to provide the license plate number for the owner or operator to be charged. Additionally, the Rules of Court establish that the traffic ticket serves as the complaint, summons or other process to be used for all traffic offenses. Furthermore, the Rules of Court do not necessarily require the complaining witness to be a law enforcement officer.

Based on the question, it appears that the defendant was charged with failure to possess insurance card, N.J.S.A. 39:3-29. This is a non-moving violation. Therefore, the license plate is the only identifier required for the filing of the complaint. Additionally, the receipt of a ticket in the mail comports with the Rules because the ticket itself serves as the complaint, summons, or other process. Finally, the police do not necessarily need to conduct a stop and investigation because the Rules of Court allow anyone to file a complaint. On this point, I would add that I have experience representing clients charged with traffic (and other) offenses that were filed by other private individuals without a police investigation.

Definitely get a lawyer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.