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eliminated if the person provides the court with satisfactory proof of motor vehicle liability insurance at the time of the hearing .
Upon subsequent conviction , the person 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 a form and on terms as the court shall deem appropriate under the circumstances , and 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 the conviction . In deciding the duration of any suspension of the person ' s right to operate a motor vehicle pursuant to 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 expiration of the suspension , the person may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle , which application may be granted at the discretion of the chief administrator . The chief administrator ' 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 .
16 . Repealed 39:4-203.2 . Suspension for Failure to comply with installment order – Court can ’ t do much if persons don ’ t show up or don ’ t pay
17 . NJ Judiciary ’ s Online Dispute Resolution ( ODR ) to handle online for offenses payable online . For speeding
& other point violations , attorney can fill out and submit to prosecutor prior to court date set . According to the press release , the public can now ask a prosecutor to review their matters and may be able to resolve their case without having to appear in person , under a recent change to municipal court operations in New Jersey .
The Judiciary ’ s Online Dispute Resolution ( ODR ) program , which started in mid-May in approximately 30 municipal courts , allows court users to dispute a charge and provide information or evidence to municipal prosecutors online .
The ODR program applies to 37 traffic offenses , such as speeding , red light , stop sign or failure to yield and other point violations .
Defendants can make their requests for review to the municipal prosecutor through NJMC Direct . After reviewing the case , the prosecutor can offer a lesser charge or decline to change the charge .
If a lesser charge is accepted , the matter will be reviewed by a judge for approval . If approved , the defendant does not need to go to court .
Plea-by-mail does not apply to serious offenses , including those resulting in the likelihood of a driver ’ s license suspension , jail time or community service . https :// njcourts . gov / pressrel / 2020 / pr072820a . pdf
18 . Car Passenger can ’ t be asked demanded for ID State v Boston ( A-4752-17 )
In State v Boston , the court just decided that when the driver is arrested it is reasonable to ask the passenger for his license , but not for further ID when he fails to produce a license .
Defendant Dwayne D . Boston was convicted of third-degree possession of cocaine following a routine traffic stop on his way home from the movies with his wife and children . He contends the police unlawfully asked him , a front-seat passenger in his wife ' s car , to hand over his State identification card after he told them he did not have a driver ' s license . The court agrees , and concludes defendant ' s subsequent arrest on an open traffic warrant was unlawful , and the drugs seized in the ensuing search incident to his arrest should have been excluded at trial .
The court holds in a routine traffic stop where the driver has to be arrested on an open traffic warrant , the officer ' s asking whether a passenger is a licensed driver is reasonable ; but when the passenger claims he does not possess a license , the officer ' s further demand for identification from the unlicensed passenger in the absence of particularized suspicion is not .
19 . New Expungement Laws makes regular expungement more available . New Jersey expungement law took effect on June 15 , 2020 and will increase the number of records of arrests and convictions that can be expunged . This is different than the 2021 marijuana expungements .
The New Jersey Police Chief Magazine | March 2022
S4154 creates a petition process for “ clean slate ” expungement for residents who have not committed an offense in ten years and who have not been convicted of the most serious crimes .
The bill also requires the State to implement an automated clean slate expungement system , which will be developed by a
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