IL Resident, Violations in NJ: Failed to show DL, Insurance, & Parking

[jau861]

What is the name of your state?What is the name of your state?

Illinois

I am visiting my friend in NJ and went to pick him up at the train station. I was sitting in the car in a parking lot waiting for a spot to open to park the car. I didn't realize it was a taxi stand / no standing area.

My friend arrives, gets in the car, and we're about to leave when an officer comes to my window and asks for a license and registration. She said that she is going to write a parking ticket. I look for my license and I can't find it, but give her the registration while I continue to look. I believe I forgot my wallet back at his place, which contained my DL and current insurance card. I explain that to her.

She takes the information down, and gives me three tickets, a parking violation ($38), 39:3-29 failure to display DL ($176), and 39:3-29 failure to display insurance ($176). The failure to display a DL says I have to appear in court.

I told her that she didn't ask to see proof of insurance, which she denies. It could be that since I got flustered, I didn't understand or hear when she asked for it. In any case I found that the insurance card that was in the car had expired the month previous, but it is the same policy number as my current card. She did not accept it as proof of insurance.

I went to the courthouse the same night and the information booth gave me a form that I could get notarized stating that it would be a hardship for me to appear in person and to write my plea.

My questions are:
-Looking at 39:3-17 it appears non-resident drivers are not required to have proof of insurance?
-Should I just plead guilty and pay the fine?
-Most importantly, will these violations be shown on my Illinois driving record?
and what will happen?

Thanks.

 

[OG_of_Crime_Law]

Violations in NJ when ya from IL

You are correct my friend. You ARE NOT required to have CAR INSURANCE in New Jersey if you're a NON-RESIDENT (that's according to 2 car insurance agencies in New Jersey). DISMISSED.

remember this: COMPLIANCE LAW. It will serve you well and keep the angst down. If you're ever cited for no insurance, no DL, no registration--things of this nature. Very often (not all the time) when you appear in court that first time for these offenses, if you have the insurance, DL or registration by then, it's DISMISSED. May have to pay court costs tho.

Now, you did have a license but you left it at home? Technically, the cops are within the right to cite ya for that, you know. Supposed to have that license when ya driving. But anyway, bring and show the license on your appearance. DISMISSED.

Parked in a taxi stand? Hmmm. Was the area clearly marked? signs on ground, stand alone signs, tree blocking the posted sign? This would mean that the area was IMPROPERLY MARKED, UNMARKED OR ILLEGALLY MARKED which made it impractical to comply with the law. Take a picture of the area if any of this is true. DISMISSED.

Im a writer who covers the courts both traffic/criminal and i do legal work for a criminal defense attorney. I've seen people in COMPLIANCE at the appearance go free with no court costs or some court costs. And also no residual effect on the driving record. You are not guilty of being without insurance. You had it. You had a DL. Parking violations don't go on your driving record in terms of points unless it escalates to bench warrant status for being unpaid which can lead to an arrest, blah, blah, blah...POINTS ARE APPLIED TO YOUR LICENSE ONLY WHEN YOU ARE FOUND GUILTY which then can affect your insurance. (it rolls down hill).

So make your appearance in court first. Show your compliance. Get the charges dismissed.

If you can't appear in court, send the form as you were instructed by the court. This is called an Affadavit of Defense and is granted usually when you're a non-resident of the state or county; you're ill/sick or other special circumstances keep you from appearing. Send it along with documentation

--OR--

I've seen people send their relatives, boyfriends/girlfriends to stand in for them. So send your friend to enter a plea for you. Just make sure he/she has the COMPLIANCE info (perhaps a color copy photo of your DL, copy of insurance, copy of registration and a statement from a New Jersey insurance company about non requirements for Non-residents).

So based on what i've seen that's what i would do. Show up (or send someone/mail) at the COURT APPEARANCE with COMPLIANCE documents. Call (or have friend call) the courthouse just to make sure compliance is an option they offer. If so, charges are likely to be DISMISSED.

Worst came to worst, you had to go to court: you have a case. The state would have to prove all points of the law to win. And they can't because:

#1...non-resident's are NOT required to have car insurance.
#2...you had a DL, although you weren't driving with it. Prosecution doesn't want to be bothered with that.
#3...The taxi stand may not have been marked well. Again, prosecution isn't going to want to be bothered pressing the issue. Especially, if you're basically a good driver.
#4...DONT FORGET THIS ONE. It's all about time and money. The state doesn't want to have trials (bench or jury) over TRAFFIC issues of this sort where they can help it.

My money's on you to gain victory.

"They say Lady Justice is blind but i do believe the old girl is peeking."