Driving Without Insurance

The Vehicle and Traffic Law requires automobiles operated on New York highways to be insured. Drivers are, as a matter of public policy, required to provide proof of financial security through several methods provided in the Vehicle and Traffic Law.

The intent of the law is to require proof of insurance upon registration of the vehicle.  Proof must also be produced when a driver is involved in an accident.  Proof of insurance is satisfied by producing a card which must be carried by the driver.

The elements of this offense are:

• Operation of a motor vehicle on a public highway
  • Lack of financial security
  • Actual knowledge of the lack of insurance by owner or operator of the vehicle.

Always Carry Your Insurance Card

The absence of an insurance identification card is presumptive evidence of operating  in violation of Vehicle and Traffic Law sec. 319.  This permits a police officer to charge a driver who cannot produce the card with a violation of operating without insurance, without requiring the officer to make an inquiry of the Department of Motor Vehicles (DMV) to determine if the vehicle is actually insured.  Usually, production of the card before a judge will result in a dismissal of the charge.

Never Plead Guilty To This Offense Without Consulting A Lawyer.

Revocation And Fines

The penalties for a violation of Vehicle and Traffic Law sec. 319 are severe.  Your license is at stake.  If found guilty your driver’s license will be revoked for at least ONE YEAR. Your car registration may also be suspended. In addition, a civil penalty of $750 will be assessed by the DMV before application for a re-license will be issued.

Defenses To This Charge

Whether you realize it or not, there are several defenses to such a charge.  If you are issued a ticket for driving with no insurance you should definitely contact my office for a FREE consultation  to discuss the entire matter. I have been practicing as a Traffic Violations Attorney in White Plains, NY for over 3 decades. As an experienced White Plains, NY Traffic Violations Attorney, I will make sure you get the best possible outcome for your case. Our office has some of the best White Plains, NY Traffic Violations Lawyers in the area.

Driving Without Insurance and Your Traffic Violations Attorney in White Plains, NY

Allowing your insurance to lapse may sound tempting when you need to save money, especially if your vehicle is just sitting in the garage. If you are no longer driving the vehicle, then what is the harm? The harm is that according to the New York Vehicle and Traffic Code, drivers are required to turn in their registration and surrender their license plate before they may cancel that vehicle’s insurance policy. The moment your insurance policy lapses, the insurance company will electronically notify the Department of Motor Vehicles. Your vehicle’s registration will be immediately suspended. Already, it may be wise to contact a traffic violations attorney.

This series of events will happen, even if the car or truck in question is parked on the side of the road or put into a storage unit. If you do not turn in your license plate and get new insurance coverage within 90 days, then you will have to pay a registration reinstatement fee. The amount of this fee will be based upon the number of days that your registration was suspended. As of now, the daily fee in New York is eight dollars per day for the first thirty days, $10 per day for the next thirty, and then $12 per day for the final thirty. If your vehicle’s registration remains suspended after a full ninety days, your driver’s license will be suspended as well. If you wish to reinstate your driver’s license, that is going to cost you an additional $50 fee.

With all of the reinstatement fees and penalties considered, plus the cost of a traffic violations attorney, it will not save you any money to let your auto insurance lapse in White Plains. In the state of New York, all the insurance companies and the government communicate with each other daily. If your auto insurance lapses, the authorities will be notified without question.

What happens if you take your uninsured vehicle for a spin? If you are caught driving without insurance in White Plains, you will face a fine of $150-$1,500 or 15 days in jail, in addition to the standard license suspension. Once your license suspension period ends, you will be required to pay an additional civil penalty to the DMV of $750. If you want a chance to have these penalties reduced, you will need to invest in a traffic violations attorney.

It is important to realize that in addition to fines and the fees that you will pay to your traffic violations attorney, you will need to spend money on public transit. You will need to account for the time you will spend arranging transportation for yourself and the embarrassment of explaining why you can’t drive yourself. With all of these factors considered, keeping your auto insurance current really does not seem so very expensive or out of reach. Some states are even considering laws that will call for automatically impounding vehicles without insurance.