After a long and hard-fought battle, I finally achieved the success I had hoped for in the Elizabeth Municipal Court. My client was convicted of Driving without insurance. After he was convicted, he was then charged again in a different municipality with driving without insurance and driving while suspended because of no insurance.
Driving without insurance and driving while suspended are enhanceable offenses, meaning that each time you get caught, or if the underlying suspension is for certain reason, such as no insurance, the penalties become much more harsh. In this case, my client was facing mandatory jail, and YEARS of suspension (at least two but likely more).
I went back and filed for post conviction relief in the Elizabeth Municipal Court on the grounds that the insurance company never properly canceled my client’s insurance. After months of litigation, the conviction was vacated, and the case was given a trial date. At the time of trial, the state could not meet its burden, and the case was dismissed.
As a result, my client is facing penalties as a first offender for no insurance in the second municipal court, and will not be facing the enhanced penalties for driving while suspended or revoked. We are preparing for trial, but the real the penalties have been substantially lessened by this victory in Elizabeth. I will post on this in the future.