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Greg DeMichele
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Greg DeMichele

Gregory P. DeMichele is a seasoned litigator, devoting a substantial part of his practice to municipal court, family law and personal injury matters.
In an unpublished opinion the New Jersey  Appellate Division recently clarified the availabel defenses to Driving Without Insurance N.J.S.A. 39:6B-2.  In the case of State of New Jersey v. Robert Jager, the Defendant was convicted of Driving Without Insurance appealed his conviction. According to the decision, after  stopped by the police Mr. Jager produced an insurance card.  However, the officer determined the insurance card did cover the vehicle Mr. Jager  was driving.  The police officer then issued a summons for Driving While Suspended. At trial the Defendant claimed that he previously swithched insurance coverage from another vehicle to the vehicle he was driving at the time of the stop.  In an attempt to prove his case, Defendant produced a letter written to the insurance company requesting the change in coverage. Defendant then claimed that even though the car was not insured at the time of the stop, he never received notice of cancellation by the insurer. He argued the insurer sent the cancellation notification to the wrong address.  As a result, he lack knowledge that the car was not insured and thus he could not be held liable for the lack of insurance.  He argued that because the insurance company never provided him with the necessary notification, the car was still insured at the time of the stop. The Court rejected Mr. Jegar’s arguments and concluded that Defendant’s contentions were irrelevant  because the Defendant did initially  prove that the vehicle was ever insured.  Nor could the Defendant prove that the insurance had in fact been canceled.   To successfully defend against this charge the defendant needed to prove he initially had automobile insurance on the car and that he did not receive notice of the cancellation. As a result of the conviction the Defendant was sentenced to 14 days in county jail, 2 year loss of license, fines and costs of $1539.00 and 30 days of community service.  The court noted the defendant had a prior conviction for Driving Without Insurance  and sentenced him as a second offense. If you or a loved one has been charged with Driving Without Insurance or any other offense do not just plead guilty.   Contact the Driving Without Insurance lawyers at DeMichele & DeMichele to discuss your available defenses,  Call (856) 546-1350 to get a free confidential consultation with an experienced Driving Without Insurance defense attorney.
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Greg DeMichele
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Greg DeMichele

Gregory P. DeMichele is a seasoned litigator, devoting a substantial part of his practice to municipal court, family law and personal injury matters.
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Rick DeMichele
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Rick DeMichele

Richard A. DeMichele, Jr. is a seasoned litigator, devoting a substantial part of his practice to family law and personal injury matters.
Traffic Court Attoneys in South JerseyThere can be no doubt that Driving While Suspended, NJSA 39:3-40, is a serious traffic offense.  In New Jersey a conviction of Driving While Suspended can lead to substantial fines, increased loss of driving privilege and jail.  The statute, NJSA 39:3-40, is legally complex and can be difficult to understand.  You need to protect your liberty and your economic welfare. Contact DeMichele and DeMichele  at (856) 546-1350 for a free confidential consultation to discuss your charges and the consequences of a conviction. Our lawyers represent individuals who have received a summons or been arrested for Driving While Suspended throughout South Jersey including, Pennsauken, Haddonfield, Cherry Hill, Washington Township, Vineland, Mt. Laurel, Marlton, Waterford, Evesham, Gloucester Township, Collingswood, Waterford, Voorhees, Winslow Township.   Defending Our Clients Charged with Driving While Suspended.   Was your license suspended because you owed money? Some drivers have lost their driving privilege even though they have a perfect driving record and have never been stopped by the police.  Your New Jersey driver’s license can be suspended because you owe money to the State. Under New Jersey law, you driving privilege can be suspended for: Failure to pay child support, Failure to pay parking tickets, Failure to pay MVC or “DMV” surcharges, Failure to carry motor vehicle insurance, Failure to pay a license restoration fee. If you license has been suspended because of overdue financial obligations our attorneys can often obtain a reduced charge that often involves a just a minimal fine. Did you know you were suspended? You may not even realize that the New Jersey Motor Vehicle Commission (MVC) suspended your driving privilege.  The MVC is obligated to send a Scheduled Suspension Notice to you. If you did not receive the MVC Notice you may have a viable defense to the charge.  We routinely help clients who are stopped for a minor traffic violation only to find out their driving privileges have been suspended and they charged with driving while suspended. In these cases the prosecutor has the obligation to demonstrate the MVC took reasonable steps to inform you of your suspension. Was your license suspended because of MVC Points? If you have 12 or more MVC Points your New Jersey driver’s license will be suspended. Our attorneys will examine the previous convictions for evidence that there were errors in those cases. There may be grounds to argue that the license suspension was not valid. Don’t just plead guilty!  If you have been charged in New Jersey with Driving While Suspended (NJSA 39:3-40), contact DeMichele and DeMichele at (856) 546-1350 to schedule a free and confidential consultation.   We are ready to prepare a vigorous defense for you.
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Rick DeMichele
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Rick DeMichele

Richard A. DeMichele, Jr. is a seasoned litigator, devoting a substantial part of his practice to family law and personal injury matters.