What Happens if you are Charged with Driving without Insurance?

WHAT HAPPENS IF YOU DRIVE WITHOUT INSURANCE?

In New York, driving without insurance, carries very severe penalties which may include: a one year license revocation; court fines; state mandated surcharges; and a $750 civil penalty. The bottom line is that no one should ever plead guilty to a ticket for driving without insurance without first consulting with a lawyer.

HAVE YOU RECEIVED A TICKET FOR OPERATING A MOTOR VEHICLE WITHOUT INSURANCE (VTL § 319)?

At Proto, Sachs & Brown, LLP our White Plains traffic ticket defense lawyers have extensive experience in defending motorists against the charge of operating without insurance. If you have been arrested, charged with, or given a ticket or summons for operating without insurance in Westchester County, NY contact us for a free consultation and find out how we can help.

WHAT IS NY VTL § 319?

Under New York State Law, all motorists must have liability insurance for their vehicle at all times while the vehicle is registered. In the event a vehicle’s insurance lapses, the registered owner’s driver’s license is immediately suspended. Anyone caught operating a vehicle which is uninsured is subject to being charged with uninsured motorist operation regardless of whether or not the operator owned the vehicle.

While violation of NY VTL § 319 is an infraction, the court penalties are severe. In addition to the above, they may also include fines up to $1,500.00 and imprisonment up to 15 days (not mandatory).

HOW TO PROTECT YOURSELF

Every motor vehicle operator or driver is required have on his possession a valid insurance card. The card must be displayed to a police officer upon demand. Failure to produce a valid insurance card upon demand is prima facie evidence that the vehicle is uninsured. In addition, producing an invalid or expired insurance card is illegal, and producing such a card upon demand is not an infraction but a crime under NY VTL § 319(2).

DEFENDING YOUR WHITE PLAINS, NY UNINSURED MOTORIST TICKET

Uninsured motorist tickets are typically more complicated than just a simple traffic ticket because the uninsured motorist ticket usually is issued in conjunction with other tickets. In most cases, a moving violation is the reason for the stop and only after stopping the motorist do the police realize that the vehicle is uninsured. In some cases, the additional charges might be criminal such as NY VTL § 511, aggravated unlicensed operation.

Recently, our defense attorney appeared on behalf of a client in the White Plains City Court charged with five offenses, including:

Producing an invalid insurance ID card (VTL 319-2);
Speeding (a 4 point offense);
Having no inspection certificate (VTL 306-b);
Having an unregistered motor vehicle (VTL 401-1a); and
Having improper plates (402-4).

To the delight of the client and due to the work of our firm, a negotiated plea was reached and the client ended up having the matter reduced to only the improper plate infraction (VTL 402-4) which required him only having to pay a minimum fine. All of the other tickets were dismissed in court.

If you are charged with driving without insurance, you need the assistance of one of our defense attorneys.

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