Person with no license drove my car and the police got him

[Natalia]

What is the name of your state? My state is New Jersey, (Elizabeth). I have a car that is insured under my name. Unfortunaly, my brother took the car and he got caugth by the police. My brother does not have driver license. Do I get in trouble for this?? will they give me points in my insurance for this?? how i can solve this problem in court ? (2/22/06).
Please answer me, i really need help**************.....i have my insurance 5 years and i never had an accident, i wanna keep it clean
Help please!!!
Thank you

 

[justalayman]

Did you give him permission to take the car or did he steal it?

Was there an accident involved? Your questions lead me to believe so.

 

[Natalia]

person without license drove my car

No, he did not, he is my brother, he just found my key from where i hide it, and went outside.
Thanks for answer me, by the way there was no accident he just didnt wear a seatbelt and then the police officer gave him 5 tickets

 

[justalayman]

What are you going to court for 2/22?
Or is that your brother.

If you didn't give permission and there was no accident to complicate things, you shouldn't have any worries yourself. As for your brother, I can't see anything you could do to help him either.

 

[Natalia]

person without license drove my car

No, the police officer didnt require a court appearance. The tickets are under his name. We just going because i dont want any points for my insurance. im afraid for that. because he didnt show the proof of insurance, but my car is insured.
Thanks for answer me

 

[justalayman]

The points go against his driver's license. If he is on your insurance it will affect your rates. (He shouldn't be on your ins seeing that he does not have a license.

5 tickets. WOW

Were any of the tickets for uninsured vehicle? If so you will want to get that cleared up. That one may come back to haunt you.

 

[Natalia]

Person without license drove my car

Thanks again, .... we are not sure, if one of those tickets are for no show proof of insurance, because the police officer just put a code in the space for "other offenses" the code or statute is 39:6B2, but my brother said that he did not asked for this paper, so we dont know for what is this ticket, the other 4 we know what are the fees but no this one.
I have all the papers for that car, is insured, and i have paid everything on time. I have proof of that.

 

[justalayman]

39:6B-2. Penalties

2. Any owner or registrant of a motor vehicle registered or principally garaged in this State who operates or causes to be operated a motor vehicle upon any public road or highway in this State without motor vehicle liability insurance coverage required by this act, and any operator who operates or causes a motor vehicle to be operated and who knows or should know from the attendant circumstances that the motor vehicle is without motor vehicle liability insurance coverage required by this act shall be subject, for the first offense, to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court, and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of conviction. Upon subsequent conviction, he shall be subject to a fine of up to $5,000 and shall be subject to imprisonment for a term of 14 days and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction, and, after the expiration of said period, he may make application to the Director of the Division of Motor Vehicles for a license to operate a motor vehicle, which application may be granted at the discretion of the director. The director's discretion shall be based upon an assessment of the likelihood that the individual will operate or cause a motor vehicle to be operated in the future without the insurance coverage required by this act. 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 the time of trial an insurance identification card or an insurance policy which 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.

L.1972,c.197,s.2; amended 1983, c.141, s.1; 1987, c.46; 1988, c.156, s.15; 1990, c.8, s.49; 1997, c.151, s.12.

Well it looks like he got a ticket for no insurance.

The bolded section seems to look like as long as you have proof that insurance was in effect at the time of the ticket

You shouyld be safe on that one.

 

[Natalia]

Thanks again for your help. I think it's better for me to go with him to court and bring my insurance papers with me to show them right??. Also if my brother gets on the future a driver license, all this tickets will affect him for his record. Can he do something to lower the fees because, the total is like 600 dollars, and to tell you the truth my parents neither him , have that money to pay them.
thanks for answer me....

 

[justalayman]

I think it's better for me to go with him to court and bring my insurance papers with me to show them right??.

absolutely

Can he do something to lower the fees because, the total is like 600 dollars, and to tell you the truth my parents neither him , have that money to pay them.

That one I can't help you on but keep checking. There are some other folks that post here that may have the proper way to approach things like that.

 

[Natalia]

You are an angel, thanks for all your help. I wish you all the best, and thanks for help people like us that are really worried.
Again thanks for your time, you really give me good news.

 

[teflon_jones]

I think it's better for me to go with him to court and bring my insurance papers with me to show them right??.

This will make no difference. That is your insurance, not his. What good will it do to show them your insurance?

Can he do something to lower the fees because, the total is like 600 dollars, and to tell you the truth my parents neither him , have that money to pay them.

He can plead not guilty and hope they don't find him guilty. Otherwise, he'll owe the money. If he doesn't have the money to pay, too bad, it should teach him a lesson.