What is VC 16028 Driving Without Insurance All About?
VC 16028 is the Vehicle Code section dealing with driving without insurance in California. If convicted, this code section carries stiff financial penalties, often over $800.
You will end up in traffic court under VC 16028(a) if:
- You were driving a vehicle;
- Upon a highway;
- Without evidence of financial responsibility (proof of insurance) for the vehicle driven.
HOWEVER, if you actually had valid insurance at the time the traffic ticket was issued, then you can show proof to the court and get this charge dismissed for a $25 dismissal fee.
Sometimes even if you did not have valid insurance at the time the citation was issued, but you got insurance after the fact, the court will still dismiss the charge for $25 (although the court is not legally obligated to do so because you technically didn’t comply with the law since in this situation you didn’t have valid insurance for the vehicle at the time you were driving).
If you get insurance for the same vehicle after the fact, in some cases the court will not dismiss the charge for $25, but the court will still reduce your fines because you were at least diligent enough to get valid insurance soon after the citation was issued.
Failure to Appear on VC 16028(a)
Since the fines on these traffic tickets can get pretty hefty, especially if you additionally have failed to appear in court, as an experienced attorney I can help you decide the best course of action for your specific situation. Y
If you didn’t have insurance at the time of the ticket, and never got insurance after the fact, it’s probably a good idea to fight the 16028 ticket in traffic court. Chances are roughly about 50% that the officer won’t show up in court to prosecute it, in which case the ticket will be dismissed.
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