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.
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.
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.
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.
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.
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