N.J.S.A. 39:6B-2 · License, Registration & Insurance Offenses
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What the law says
The section prohibits an owner or registrant of a motor vehicle registered or principally garaged in New Jersey from operating or causing it to be operated on a public road or highway in the State without the required motor vehicle liability insurance. It also applies to an operator who operates or causes a motor vehicle to be operated without that insurance and knows or should know from the attendant circumstances that the vehicle is uninsured.
Motor vehicle offenses like this are heard in the municipal court where the ticket was issued. A motor vehicle conviction isn't a criminal record, but it can bring fines, MVC points, surcharges, license suspension, and higher insurance costs.
What the statute covers
Key rules in N.J.S.A. 39:6B-2 that the State relies on:
- For the first offense: a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court.
- Upon subsequent conviction: a fine of up to $5,000, imprisonment for a term of 14 days, and community service for a period of 30 days.
- For the first offense, a fine of not less than $300 nor more than $1,000.
- For the first offense, a period of community service to be determined by the court.
- For the first offense, the court, in its discretion, may suspend the person's right to operate a motor vehicle over the highways of this State for a period of up to one year from the date of conviction. The suspension period may be reduced or eliminated if the person provides the court with satisfactory proof of motor vehicle liability insurance at the time of the hearing.
- Upon subsequent conviction, a fine of up to $5,000.
- Upon subsequent conviction, imprisonment for a term of 14 days.
- Upon subsequent conviction, community service for a period of 30 days, in a form and on terms the court deems appropriate under the circumstances.
- Upon subsequent conviction, the court, in its discretion, may suspend the person's right to operate a motor vehicle over the highways of this State for a period of up to two years from the date of conviction.
- MVC insurance surcharge: $250 a year for three years ($750 total) for operating an uninsured vehicle.
- Collecting 6 or more points within three years brings a surcharge of $150 plus $25 for each additional point, and 12 or more points leads to a license suspension.
- In deciding the duration of a suspension under this section, the court shall consider the circumstances of the violation and whether the loss of driving privileges will result in extreme hardship and alternative means of transportation are not readily available.
- After the suspension expires, the person may apply to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle. The application may be granted at the chief administrator's discretion, based on an assessment of the likelihood that the individual will operate or cause a motor vehicle to be operated in the future without the required insurance coverage.
- A complaint for violation of this act may be made to a municipal court at any time within six months after the date of the alleged offense.
- Failure to produce at trial an insurance identification card or an insurance policy that was in force for the time of operation for which the offense is charged creates a rebuttable presumption that the person was uninsured when charged with a violation of this section.
- Proving the license, insurance, or registration was valid on the date of the stop
- Showing you never received notice of a suspension
- Correcting MVC record errors before trial
- Negotiating to reduce surcharges and suspension exposure
- Don't pay the ticket online. Paying is a guilty plea.
- Check your driver history abstract so you know your current points.
- Keep the summons and write down what happened at the stop.
- Tell your lawyer if you hold a CDL or already have points or suspensions.
- Call before your court date. Many tickets can be resolved without you missing work.
- Driving While Suspended for DWI or Refusal (Criminal) →
- Driving While Suspended →
- Driving Without a License →
- Driving an Unregistered Vehicle →
- Fictitious or Altered Plates and Documents →
- Failure to Exhibit License, Registration, or Insurance →
- N.J.S.A. 39:6B-2 on Justia (2024 New Jersey Revised Statutes)
- NJ MVC points schedule
- NJ MVC surcharges
How the charge is graded
Penalties in the statute
MVC points and surcharges
Other rules that can matter
Common defense strategies
Every case turns on its facts, but defenses we often explore include:
What to do right now
How we help
Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Driving Without Insurance charge.
Related charges
Sources
Statute summaries are based on the 2024 compilation of the New Jersey Revised Statutes. Laws change, so confirm the current version with counsel.
Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.