Ticket for No Proof of Insurance

[vpdragon0]

My question involves a traffic citation from the state of: california

So i got pulled over for speeding and then he asked for proof of insurance, i was uninsured at the time so he billed me for that also. I'm wondering if i get insurance soon after, can i clear citation of having no insurance or do i still have to pay it? If i could clear it, how do i clear it?

Thanks in advance.

[jk]

did you have insurance at the time of the ticket? Unless you can show that you had it when ticketed, you are guilty and are subject to the penalties which, if I remember correctly, in California, that means suspension of your license for 1 year. Could be wrong but that is what comes to mind.

[Betty3]

Agree. Driving without ins. in Ca. could result in fines up to $500 plus penalties and suspension of the driver's license.

[That Guy]

did you have insurance at the time of the ticket? Unless you can show that you had it when ticketed, you are guilty and are subject to the penalties which, if I remember correctly, in California, that means suspension of your license for 1 year. Could be wrong but that is what comes to mind.

Agree. Driving without ins. in Ca. could result in fines up to $500 plus penalties and suspension of the driver's license.

I disagree & and so does CVC Section 16029.

16029. Notwithstanding any other provision of law, a violation of subdivision (a) of Section 16028 is an infraction and shall be punished as follows:

(a) Upon a first conviction, by a fine of not less than one hundred dollars ($100) and not more than two hundred dollars ($200), plus penalty assessments.
(b) Upon a subsequent conviction, occurring within three years of a prior conviction, by a fine of not less than two hundred dollars ($200) and not more than five hundred dollars ($500), plus penalty assessments.

The penalty for a first violation of CVC section 16028 is usually set at the maximum allowed by law which is $200 (2nd/subsequent violation at the max of $500). Including penalty assessment, that translates into $760 for a 1st violation (2nd/subsequent violation is penalized by a fine + P. A. of $1900). However, a license suspension is NOT part of the options available to the court. Although pursuant to subsection (c) of CVC section 16029, the court can order that the vehicle be impounded for no insurance:

(c) (1) At the discretion of the court, for good cause, and in addition to the penalties specified in subdivisions (a) and (b), the court may order the impoundment of the vehicle for which the owner could not produce evidence of financial responsibility in violation of subdivision (a) of Section 16028.

I have seen judges reduces the penalty for a first violation by half if you are able to show that the vehicle is insured at the time of your appearance in court even if it were uninsured at the time you were cited. So make sure you get insurance before you appear in court.

[jk]

just for fun, what is section cvc 16028?

Oh heck, here it is:

Evidence of Financial Responsibility Upon Request

16028. (a) Upon the demand of a peace officer pursuant to subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision.

If I read that correctly, this statute merely states that evidence must be presented when requested. I believe that means you must have it in your car or on your person whenever driving.