Proof of Insurance, V.C. 16028a

[Bombtrack19]

My question involves insurance law for the state of: California

When I was pulled over, I was asked for proof of insurance. At the time, I did not know that I was uninsured, I am not sure what type of defense it amounts to, but I am a typical College Student living at home, going to class full time. I was under the assumption my parents were taking care of the insurance =/. Anyways, I was taking too long to find the insurance that did not exist, so the officer issued me the citation and took off. I acquired insurance a week after the incident. I recently received the letter to appear in court with the (absurd) bail amount, and being a student with no money, I cannot see how I will be able to pay this amount.

My questions are the following, Can I get the case against me dropped by presenting my insurance even though I was covered after the citation? If so, are there any precedents or something to that nature that I can cite? I have heard of some judges that will drop the charges if insurance was obtained after the fact in a timely fashion, I just could not find any actual cases where it occurred.

Second, If all I am able to do is plead guilty, what happens because of my inability to pay? Is there anyway I can get this switched to community service or something?

Thanks for reading my story, I hope to hear from you guys.

[Who'sThatGuy]

You will have to plead guilty. Then pay the fine and the DMV and insurance surcharges.

I would much rather go to school all day and flip burgers all night at Burger King then do community service.

[Mr. Knowitall]

I was under the assumption my parents were taking care of the insurance =/.

The car is in your parents' name?
[QUOTE=Bombtrack19]I cannot see how I will be able to pay this amount.[/t quote]
Inquire with the court about whether they can accommodate payments.

My questions are the following, Can I get the case against me dropped by presenting my insurance even though I was covered after the citation?

Dropped in the sense of finding a very sympathetic prosecutor who will drop the charge even though you're guilty? I won't rule out the possibility, but I'm not optimistic.

If so, are there any precedents or something to that nature that I can cite?

There are no "legal precedents" that would force a prosecutor to voluntarily dismiss a charge against somebody who is guilty.

I have heard of some judges that will drop the charges if insurance was obtained after the fact in a timely fashion, I just could not find any actual cases where it occurred.

You've probably actually heard about cases involving the provision of proof of insurance after-the-fact, not obtaining insurance after-the-fact.

[That Guy]

I acquired insurance a week after the incident.

You'll have to appear in court for your arraignment, show the judge proof that you are now insured, and most judges will reduce that "absurd" amount to half of what is shown on the Courtesy Notice... This is not going to get "dismissed" though...

Is there anyway I can get this switched to community service or something?

Some courts offer community service, other don't... You'll have to ask the court clerk/judge when you appear. But also keep in mind that there is some fees associated with community service... So its not going to be a "freebie"!

[Bombtrack19]

Thanks for your input guys.

At this point, I think I will apply for the 60 day extension on the ticket and try and put away as much as I can for the fine.