State v. David

671 A.2d 195, 287 N.J. Super. 434, 1996 N.J. Super. LEXIS 73
CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 20, 1996
StatusPublished
Cited by1 cases

This text of 671 A.2d 195 (State v. David) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. David, 671 A.2d 195, 287 N.J. Super. 434, 1996 N.J. Super. LEXIS 73 (N.J. Ct. App. 1996).

Opinion

The opinion of the court was delivered by

STERN, J.A.D.

Defendant was charged in the Bergen County Special Civil Part with driving an uninsured motor vehicle, N.J.S.A 39:6B-2, driving an unregistered vehicle, N.J.S.A 39:3-4, and using fictitious license plates, N.J.S.A 39:3-35. Defendant pled guilty to the license plate violation and was found guilty on the other two charges. Fines and fees were imposed, and defendant’s driver’s license was suspended for one year for driving an uninsured motor vehicle. Defendant appeals directly to us. No issue :is raised concerning the direct appeal.

At about 2 o’clock in the afternoon of July 30,1993 Officer Orem of the Bergen County Police Department responded to the scene of a motor vehicle accident on Route 46 in South Hackensack. The car defendant was driving, a two-door 1980 Chevrolet, with license plates FNG 30V, was involved in the accident. After inquiring if anyone at the scene was hurt, Officer Orem asked defendant for her driving credentials. Defendant produced a valid driver’s license but was unable to produce the registration and insurance card. Officer Orem testified that defendant said “[s]he did not have insurance.” Officer Orem ran a “check” on the [437]*437license plate and found that “the license plates themselves were expired as of 2/91, the second month of 1991, and the plates belonged on a different vehicle.” Orem also testified that he found that the car that defendant was driving “was not registered.”

Defendant testified on her own behalf. She indicated that the car was insured and registered at the time of the accident. She said that her son, Jimmy Carrero, owned the car and that they discussed the question of the license and registration the night before the accident. She further testified that Jimmy told her he was obtaining insurance on the morning of the accident. Defendant acknowledged that she did not have an insurance card or registration in her possession at the time of the accident but produced them at the trial.

The insurance card issued for the vehicle involved in the accident named James J. Carrero as the insured. The card indicated an effective date of “7-30-93,” the date of the accident. Defendant also produced a vehicle registration for the automobile. The registration indicated that it was “GOOD THRU: 07/94.”

Defendant also presented the declaration page of an insurance policy bearing the policy number noted on the insurance identification card. It indicated that Jimmy Carrero had two covered vehicles, not including the one in the accident, “from 06/07/93 to 12/07/93.” Although not produced in the form of testimony, counsel advised the court of the following:

To assist the Court, my client’s testimony would be that his — her son had two other vehicles that were — were no longer in operation. He obtained a third vehicle. He was — and he — he added it to the existing policy. The policy numbers match up.

Defendant further testified that at the time of the accident she was en route to her son’s place of employment, a Burger King restaurant, to get the papers for the vehicle that she thought he had there for the vehicle she was driving. She subsequently learned that the papers were at home “in the drawer, locked with a key.”

[438]*438On redirect, defendant testified that the ear was insured and registered when she left home on the morning of July 30, 1993. She indicated on recross that she knew that because of the conversation she had with her son the night before and because “when I got up in the morning to go to work [on July 30] he was gone.”

The “insurance identification card” for the vehicle (Dl), the “vehicle registration” (D2), and the policy declaration face sheet (D3) were admitted into evidence. There was no testimony as to when DI and D2 were actually issued.

The trial judge found defendant guilty of the two charges tried before him. His entire opinion read:

All right. I — I find that the State has proven beyond a reasonable doubt that the defendant is guilty of both offenses, and her — her testimony is totally incredible. It doesn’t make sense.

On this appeal defendant argues:

POINT I THE TRIAL COURT ERRED IN ITS APPLICATION OP THE LAW TO THE FACTS AND EVIDENCE IN THIS CASE, A CORRECT APPLICATION CAN ONLY PRODUCE AN ACQUITTAL OF BOTH CHARGES.
A. The vehicle owned by Jimmy J. Carrero and operated by Nancy A. David was insured on July 30,1993, effective 12:01 a.m.
B. Applicant was not the owner of the vehicle in question and therefore, cannot be convicted of a violation under N.J.S.A. 39:3-4, for failure to register it.

A.

The State argues that defendant’s response to the inquiries of Patrolman Orem at the scene, to the effect that she had no insurance and registration, together with the fact that license plates from another vehicle were on the car and that the car was not registered according to DMV records at the time, provide sufficient inferences that there was no insurance when the accident occurred. The State contends that, even though the insurance identification card reflects a “7-30-93” effective date, its production does not indicate that the insurance was actually obtained prior to the time of the accident that day. While the number on the insurance policy is the same as that noted on the [439]*439identification card, the 1980 Chevrolet was not listed on the declaration page as one of the vehicles covered under the policy. Hence, the State also argues that there is no evidence that the car involved in the accident was insured prior to the time of the accident on July 30,1993.

N.J.S.A. 39:6B-2 provides in part that:

Failure to provide 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.

An insurance identification card must be possessed by the operator of the motor vehicle while it is being operated. N.J.S.A. 39:3-29. See Gatto v. New Jersey Full Insurance Underwriting Ass’n, 284 N.J.Super. 665, 672, 666 A.2d 204 (App.Div.1995). N.J.S.A. 39:6B-2 permits the operator to defend against the charges by showing that the vehicle was, in fact, insured at the time it was alleged to the contrary.1 Otherwise, the operator of the motor vehicle, whether or not the owner, is guilty of driving the uninsured motor vehicle. See State v. Hochman, 188 N.J.Super. 382, 387, 457 A.2d 1156 (App.Div.1982); State v. Schumm, 146 N.J.Super. 30, 368 A.2d 956 (App.Div.1977), affd o.b., 75 N.J. 199, 381 A.2d 33 (1978).

As Judge Michels has said in a case dealing with the prosecution under N.J.S.A 39:6B-2 of the owner of the vehicle:

This statute creates two classes of persons who are subject to its provisions: owners/registrants of motor vehicles and operators of motor vehicles.

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Bluebook (online)
671 A.2d 195, 287 N.J. Super. 434, 1996 N.J. Super. LEXIS 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-david-njsuperctappdiv-1996.