Driving Without Insurance – Can you fight this ticket in traffic court?
Driving without insurance is a traffic offense in California, and is punishable under Vehicle Code 16028. You are guilty of driving without insurance if:
- You drive a vehicle, and
- The vehicle was not insured at the time of driving
The law states you are guilty of driving without insurance if you are unable to provide “proof of financial responsibility.” The driver must be named in the insurance policy, so if you are driving someone else’s car and they are insured but that insurance policy doesn’t extend to cover other drivers, you are guilty under this code section.
A true defense to driving without insurance under VC 16028 is being able to show an insurance policy to the officer at the time of being pulled over and the policy shows that you are a person covered by this policy and this vehicle is also covered by the policy.
Driving Without Insurance – What if I was actually insured, but I just didn’t have proof?
If you were actually insured at the time you received your citation for driving without insurance, but you simply couldn’t show the officer proof of insurance, then there is still hope for you.
By showing proof of valid insurance to the court, or by having a traffic ticket attorney show proof for you, the court will dismiss the charge for a $25 dismissal fee.
Driving Without Insurance – How much is this traffic ticket?
Driving without insurance is one of the most expensive types of traffic tickets – it usually costs over $800! But as discussed above, you won’t be found guilty of this offense if you can show the court you were actually insured at the time of driving.
Driving Without Insurance with a Failure to Appear
Sometimes people forget to deal with a traffic ticket received for driving without insurance, due to financial or personal stresses, or because once getting valid insurance they didn’t realize they still had to deal with the underlying traffic ticket.
If you get a failure to appear in Los Angeles County, the court used to send your case to GC Services for collections. The court is currently doing its own collections for failure to appear cases, but the case should still be resolved before a judge rather than pay the exorbitant fees outright.
Get Help with Your Driving Without Insurance Traffic Ticket
Don’t pay a driving without insurance ticket – resolve it in court to get your fines reduced or dismissed. For help with your ticket or a free consultation with me, just click “Talk to Paul” below.