According to California Vehicle Code (CVC) 16028, all California drivers must carry proof of auto insurance coverage. Although driving without proof of insurance is not a criminal offense in California, you may still face an infraction if the police catch you.
A Los Angeles DUI lawyer could help you resolve the matter with the least hassle, but only if you contact one immediately. A driver accused of DUI will certainly be asked for proof of insurance, especially in the event of a crash.
CA Vehicle Code 16028 and Driving with No Proof of Insurance
According to California Vehicle Code 16028, you may be charged with an infraction if you have no proof of insurance as defined in the CVC. If convicted, you may be ordered to pay a fine as high as $500 plus additional court fees.
You will also face additional penalties for driving without insurance in California, such as being required to get SR-22 insurance. Your vehicle may also be impounded until you have insurance and pay the impound fees. Also, if you cause a wreck, you may be liable for all of the other party’s damages. This could be incredibly expensive.
Proof of insurance can include:
- Your auto insurance card provided to you by your insurance provider
- A form SR-22, the California Proof of Insurance Certificate
- A California Department of Motor Vehicles (DMV) authorized letter stating that you are insured
- A form REG 5085, the Notification of Alternative Forms of Responsibility
By far, the most common proof of insurance documents is your insurance card or an SR-22 form. Keep these in your vehicle at all times so you can present proof of insurance if requested.
What Is California’s Financial Responsibility Law?
California Vehicle Code 16028 outlines the financial responsibility law for drivers. Drivers must show proof of auto insurance coverage if they get into an accident, register their vehicle, renew their vehicle registration, or any time a law enforcement officer asks for proof of liability insurance coverage.
However, it should be noted that officers do not have the authority to stop drivers solely to determine whether they have auto insurance coverage. If law enforcement officers have a valid reason for stopping a car or other motor vehicle, police can request proof of financial responsibility.
If you drive without insurance and are caught, it will not go on your criminal record. It is considered a civil penalty. However, you may face criminal charges if you did something criminal that led to the police discovering you lacked insurance.
California Auto Insurance Requirements
You must carry sufficient auto insurance coverage if you hope to avoid an infraction for driving without insurance under CA Vehicle Code 16028. Under the law, you are required to carry minimum amounts of certain types of auto insurance coverage.
These types and amounts of coverage include:
- $5,000 in property damage liability coverage
- $15,000 per person in bodily injury liability coverage
- $30,000 per accident in bodily injury liability coverage
It should be noted that California does not require drivers to purchase collision, comprehensive, rental car coverage, gap insurance, or coverage for uninsured or underinsured motorists. If you hope to protect yourself to the fullest, it is important to purchase these add-ons.
Penalties for Driving without Insurance in CA
Driving without insurance is not a criminal offense in the state of California. However, according to CVC 16028, you could be fined up to $500 for driving without insurance. However, with penalty assessments and administrative fines, this number could dramatically increase to as much as $1,200.
Generally, if you have no proof of insurance but can show the court that you obtained coverage soon after you were cited, the prosecutor may be more inclined to dismiss the infraction against you or reduce your fine. This is commonly referred to as a “correctable offense.”
Additionally, there is a risk that your vehicle could be impounded if you do not have sufficient auto insurance coverage when law enforcement officers stop you. You must obtain sufficient insurance coverage and proof of financial responsibility before you can retrieve your vehicle from impound.
Defending Against Charges for Driving without Insurance Under CA Vehicle Code 16028
If you are hoping to avoid the penalties associated with driving without insurance, it is important to take steps to clear your name. By providing the court with proof of financial liability, you can generally avoid many of the penalties associated with a guilty verdict.
In some instances, your driving without insurance lawyer may be able to work with the state’s prosecuting attorney and get the infraction against you reduced. However, if you have faced this charge multiple times, then the prosecution may be unwilling to reduce or dismiss the charge.
In court, we need to show proof of insurance coverage at the time of the stop if we hope to avoid a conviction. Otherwise, we may need to provide the court with an affirmative defense. For example, if you were in an emergency situation and heading to a hospital at the time of the stop, the courts may be willing to dismiss your infraction altogether.
Get Help from a Driving Without Insurance Lawyer
The consequences of driving without insurance can be costly. If you hope to avoid the penalties of a conviction under CA Vehicle Code 16028, it is important to protect your driving record and your name.
Reach out to a Los Angeles DUI lawyer for help protecting yourself. You can start working on your defense as soon as today when you fill out our confidential contact form or call us to schedule your free case review.
