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Assemblyman Diegnan Car Insurance Flexible Penalties Bill

Assemblyman Diegnan Car Insurance Flexible Penalties Bill

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Published by PatrickDiegnan
My attempt to give judges greater discretion when applying penalties for driving without car insurance. Removal of driving priviledges creates an economic hardship for New Jersey residents who are dependent on the ability to drive to work.
My attempt to give judges greater discretion when applying penalties for driving without car insurance. Removal of driving priviledges creates an economic hardship for New Jersey residents who are dependent on the ability to drive to work.

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Published by: PatrickDiegnan on Apr 04, 2012
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04/04/2012

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ASSEMBLY, No. 1844
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:Assemblyman PATRICK J. DIEGNAN, JR.District 18 (Middlesex)SYNOPSIS
Makes discretionary driver’s license suspension for first offense of drivingwithout motor vehicle liability insurance.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
 
 
A1844
DIEGNAN2
EXPLANATION – Matter enclosed in bold-faced brackets
thus
in the above bill isnot enacted and is intended to be omitted in the law.Matter underlined thus is new matter.
A
N
A
CT
concerning motor vehicle liability insurance coverage and1amending P.L.1972, c.197.23
B
E
I
T
E
NACTED
by the Senate and General Assembly of the State
4
of New Jersey:
 561. Section 2 of P.L.1972, c.197 (C.39:6B-2) is amended to read7as follows:82. Any owner or registrant of a motor vehicle registered or9principally garaged in this State who operates or causes to be10operated a motor vehicle upon any public road or highway in this11State without motor vehicle liability insurance coverage required by12
this act
P.L.1972, c.197 (C.39:6B-1 et seq.), and any operator13who operates or causes a motor vehicle to be operated and who14knows or should know from the attendant circumstances that the15motor vehicle is without motor vehicle liability insurance coverage16required by
this act
 
P.L.1972, c.197 shall be subject, for the first17offense, to a fine of not less than $300 nor more than $1,000 and a18period of community service to be determined by the court
, and19shall forthwith forfeit his
. The court also may suspend the20person’s right to operate a motor vehicle over the highways of this21State for a period of not less than two months or more than one year22from the date of conviction. Upon subsequent conviction,
he
the23person shall be subject to a fine of up to $5,000 and shall be subject24to imprisonment for a term of 14 days and shall be ordered by the25court to perform community service for a period of 30 days, which26shall be of such form and on such terms as the court shall deem27appropriate under the circumstances, and shall forfeit
his
the28person’s right to operate a motor vehicle for a period of two years29from the date of 
his
the conviction, and, after the expiration of 30said period,
he
the person may make application to the
Director31of the Division of Motor Vehicles
Chief Administrator of the New32Jersey Motor Vehicle Commission for a license to operate a motor33vehicle, which application may be granted at the discretion of the34
director
chief administrator. The
director's
chief 35administrator’s discretion shall be based upon an assessment of the36likelihood that the individual will operate or cause a motor vehicle37to be operated in the future without the insurance coverage required38by this act. A complaint for violation of this act may be made to a39municipal court at any time within six months after the date of the40alleged offense.41Failure to produce at the time of trial an insurance identification42card or an insurance policy which was in force for the time of 43operation for which the offense is charged creates a rebuttable44

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