39:3-29, Failure to exhibit documents

[NiceDriver]

What is the name of your state? New Jersey

When driving back to my residence one night, I was stopped at a police roadblock/checkpoint in New Jersey. It looked like a standard D.W.I. checkpoint.

I was asked to show my license, registration, and proof of insurance -- I did, but unfortunately, I only had a recently expired insurance card in my car. My valid insurance card was sitting in an envelope in my house, of course....

Anyway, the officer still wrote me a ticket, but after looking at the ticket later, I noticed that a court appearance is mandatory for this violation (!).

Am I going to have to pay court costs on top of a fine now even if I show up with my valid insurance ID? The penalty for failure to exhibit a license or registration is $180 -- does this apply for an insurance card as well?! If so, that sure seems like cruel and unusual punishment!

Any insight would be greatly appreciated. Thanks!

 

[seniorjudge]

Q: Am I going to have to pay court costs on top of a fine now even if I show up with my valid insurance ID?

A: Yes.

 

[NiceDriver]

Wow, thanks senior judge, that was one hell of a quick response!

But, really, I'm looking at over $200 in fines for this violation? That just doesn't seem right. I was not driving without insurance -- I just didn't have the card at the time!

 

[seniorjudge]

Wow, thanks senior judge, that was one hell of a quick response!

But, really, I'm looking at over $200 in fines for this violation? That just doesn't seem right. I was not driving without insurance -- I just didn't have the card at the time!

Correct. That's what you are being charged with:

39:3-29 License, registration certificate and insurance identification card; possession; exhibit upon request; violations; fine; defense.

39:3-29. The driver's license, the registration certificate of a motor vehicle and an insurance identification card shall be in the possession of the driver or operator at all times when he is in charge of a motor vehicle on the highways of this State.

The driver or operator shall exhibit his driver's license and an insurance identification card, and the holder of a registration certificate or the operator or driver of a motor vehicle for which a registration certificate has been issued, whether or not the holder, driver or operator is a resident of this State, shall also exhibit the registration certificate, when requested so to do by a police officer or judge, while in the performance of the duties of his office, and shall write his name in the presence of the officer, so that the officer may thereby determine the identity of the licensee and at the same time determine the correctness of the registration certificate, as it relates to the registration number and number plates of the motor vehicle for which it was issued; and the correctness of the evidence of a policy of insurance, as it relates to the coverage of the motor vehicle for which it was issued.

Any person violating this section shall be subject to a fine of $150, of which $25 shall be deposited in the Uninsured Motorist Prevention Fund established by section 2 of P.L. 1983, c.141 (C.39: 6B-3).

If a person charged with a violation of this section can exhibit his driver's license, insurance identification card and registration certificate, which were valid on the day he was charged, to the judge of the municipal court before whom he is summoned to answer to the charge, such judge may dismiss the charge.000 However, the judge may impose court costs.

Amended 2003, c.89, s.78.

 

[NiceDriver]

Thank again, senior judge, but one paragraph in the violation explanation you quoted gives me hope:

If a person charged with a violation of this section can exhibit his driver's license, insurance identification card and registration certificate, which were valid on the day he was charged, to the judge of the municipal court before whom he is summoned to answer to the charge, such judge may dismiss the charge.000 However, the judge may impose court costs.

So, senior judge, if you were the judge hearing this case, you'd throw a break to an honest, upstanding, tax-paying, well-mannered citizen, wouldn't you?

 

[Zigner]

You asked if you'd have to pay court costs...the answer is yes. That is ON TOP OF any fines that are imposed. If the fines are waived, then it'll be $0 + costs.

 

[seniorjudge]

...

So, senior judge, if you were the judge hearing this case, you'd throw a break to an honest, upstanding, tax-paying, well-mannered citizen, wouldn't you?

...

No.

I'd throw you in jail for 30 days to teach you a lesson.

If you had a lawyer, I'd throw you in jail for 60 days to teach you two lessons.

 

[The Occultist]

Heh, while I agree with SJ's logic, one possible answer to your question might be that yes, a judge MIGHT be willing to show leniency if you show up to court with proof of compliance.

 

[NiceDriver]

End result:

I had my court appearance on 4/28. I received a fine of $38 ($5 penalty, $33 court costs). I guess that was the best I could do considering I was indeed guilty.

 

[Zigner]

We nailed another one!


Thanks for updating us.