I Got a Traffic Ticket While Driving Someone Else’s Car – Am I Responsible?
Whether driving your own or someone else’s car, you’re responsible for the traffic ticket you receive.
Why You Should Consult with a Traffic Ticket Lawyer
That is why you should speak to a traffic ticket attorney if you receive a ticket. They can ensure you understand your rights, and you may save money. Knowing what to expect legally and financially takes the experience of an attorney or a legal advisor familiar with traffic laws.
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Understanding the Responsibility for Traffic Tickets in New York and New Jersey
No matter whose auto you’re driving, you must abide by all of a state’s traffic laws governing speed and flow.
Driver Accountability
A driver is responsible for any traffic violation they commit – even if it isn’t their car. These consequences include:
- Paying applicable fines and
- Getting points against their license.
If you accumulate too many points during a certain time period, your license may be suspended. If you receive a ticket while driving a rental car and fail to report it, it may also count toward breaking your lease agreement or the terms-of-service agreement with the rental company.
Insurance Implications For Both Parties
Getting caught for a traffic violation while driving someone else’s car has unique insurance consequences for the driver and vehicle owner.
The Driver’s Insurance Costs
As a driver, there are certain things you should expect:
- Higher rates;
- An increased number of points on your driving record may lead to suspension, especially if you accumulate points quickly.
For example, the Driver Violation Point System (DVPS) increases the points on your driving record based on the date of the traffic infraction, not the conviction date. Points accumulate for violations that happen within an 18-month period, and the number of points is based on the severity of the violation.
For instance, speeding tickets may range from three to 11 points, depending on the speed or how much you were driving over the posted speed limit. Reckless driving or texting adds five points to your driving record while failing to brake safely adds four points. Tailgating is worth four points, while reckless driving is worth five points.
That’s why you should consult with a traffic ticket attorney if you receive a ticket or citation for a moving violation.
The Vehicle Owner’s Insurance Costs
The car owner may experience increased insurance rates if their policy does not allow the policyholder to give permission to others to drive their car. Insurance rates may increase significantly, with even a minor infraction causing a premium hike. Parking violations do not directly affect what you pay for insurance.
In many cases, someone who gets cited while operating someone else’s car will lead the owner’s insurance company to view them as an increased risk. If they were not listed on the policy and given consent to use the car, the owner may experience a higher rate. Even if the driver was listed, the owner may still experience an increase.
Legal Considerations for Drivers and Owners
For drivers and vehicle owners, comprehending the legal side of traffic violations is important. Again, traffic violations may lead to:
- Monetary fines
- Points on the driving record
- Higher insurance rates
- And in some cases, misdemeanor charges
Common Traffic Violations
Some common traffic violations include:
- Speeding
- Running red lights or stop signs
- Driving without a license or with an expired license
- Improperly using a cell phone–texting or talking–while driving
License Suspension and Revocation
Repeat offenses can result in suspension or revocation of a driver’s license
- License suspension means temporary withdrawal from driving privileges
- License revocation is a permanent termination of all driving rights granted under the law.
Under NY law, driving with a suspended or revoked license is a misdemeanor, punishable by fines, mandatory surcharges, potential imprisonment, and a criminal record.
In New Jersey, driving with a suspended license can land you in jail for up to five years. You can also get fined $500 for a first offense. The violation adds two years to your suspension or six months for a first offense.
Getting caught can also cause the DMV in New Jersey to revoke your vehicle registration and plates. You may also receive up to nine insurance points, making it difficult to buy or renew your insurance plan.
Understanding Permissive Use
In New Jersey and New York, permissive use occurs when a policyholder permits a driver not listed on their policy to drive their car. Drivers do not have to be household members but may include neighbors or friends. This feature is added to most policies. It allows an outside driver to use the car, even if they don’t have a policy covering them.
Ensuring Proper Insurance Coverage
An owner of a vehicle needs to ensure that the proper level of liability insurance is maintained whenever they allow someone else to drive their auto temporarily. Therefore, it’s important to bear the following factors in mind:
- Usually, an owner’s policy provides coverage if the operator of a car who is not included within the policyholder limits is involved in an accident.
- Even if the driver carries insurance, the owner’s policy typically covers any claims from an accident in which the driver is involved.
Dealing with Tickets for Traffic Offenses
To reduce the chances of getting a ticket while driving a friend’s car, you need to keep the following in mind:
- Drive safely at all times.
- Strictly obey the traffic laws.
- Learn about local traffic regulations, especially when driving in unfamiliar areas.
Ensure the car you are borrowing is in good working condition and has updated paperwork and registration.
Seeking Legal Representation
If you’re issued a citation while you’re behind the wheel of another person’s car, hiring a criminal defense lawyer who handles traffic tickets or violations can be advantageous. They can support you in the following ways:
- A lawyer can provide information about the applicable law and procedures for contesting charges.
- An attorney can ensure you understand your rights.
- A lawyer can review different strategies to dispute allegations for the best results.
How a Traffic Ticket Attorney Can Help
You can also receive better outcomes by talking to a traffic ticket attorney if you receive a ticket while driving another person’s car. For example, a lawyer can help by:
- Keeping points off your license
- Lowering fines and court costs
- Achieving a better outcome in plea bargaining with a district attorney or judge
Keep the Stream of Communications Open
Communicating is key when handling traffic tickets issued for offenses committed in someone else’s auto. The following tips can help keep your communications more transparent.
- Discuss insurance policies before borrowing any vehicle.
- Notify the owner immediately if cited while using their car.
- If you lend your vehicle to someone, make sure they know what is in your insurance policy and what their responsibility involves.
- All the parties should keep their respective insurance companies in the loop so they keep up-to-date on the outcomes.
The Cost of Insurance Coverage – Possible Rate Hikes
For Drivers:
- The type of violation makes a difference. Minor infractions might impact less than major offenses, such as reckless driving.
- Your driving history matters. If this is your first offense, it may not hit you as hard if you’ve already had prior infractions.
- How much rates rise may depend on an insurer’s policies.
- Authorities usually impose surcharges for a specific period after issuing a ticket or citation.
For Vehicle Owners:
- When someone gets ticketed while operating your car, it can affect your policy due to increased risk exposure.
- Some insurers offer accident forgiveness if another driver has an accident while driving your car. Check your policy or talk to your insurance agent.
Learn More About Your Rights If You Received a Ticket While Driving Another Person’s Car – Speak to Traffic Ticket Lawyer Today
The best way to ensure you receive a better outcome if you’ve received a ticket is to contact a traffic ticket attorney immediately. Make sure you cover all your bases legally and financially. Contact a Clifton criminal defense lawyer today.
Lindsay Bernstein
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