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Driving While Uninsured

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. Also, proof of insurance is satisfied by producing a card which must be carried by the driver.

The elements of this offense are:

1. Operation of a motor vehicle on a public highway.
2. The lack of financial security; and
3. Actual knowledge of the lack of insurance by the owner or operator of the vehicle.

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

The penalties for a violation of Vehicle and Traffic Law 319 are severe in terms of its effects on your license, so you should never plead guilty to this offense without consulting an attorney. If found guilty a driver's license will be revoked for at least ONE YEAR. In addition a civil penalty of $750 will be assessed by the Department of Motor Vehicles before application for a re-license will be issued. The Department of Motor Vehicles will automatically revoike a driver's license and/or registration for at least one year upon conviction.

Whether you realize it or not, there are several defenses to such a charge and therefore if you are issued a ticket for driving with no insurance you should certainly contact my office for a free consulation to discuss the entire matter.

If you have a legal problem or if you have a legal question contact my office immediately.