I am getting prosecuted for insurance fraud and I am innocent. Please help

[BRobinson]

What is the name of your state? CA

This is a traffic case that turned into a criminal case:

I was cited for 16028 not having proof for financial responsbility. I was driving my friend's car for the day since my car was in the shop. The car was in friend's name and the insurance policy was in friend's name.

My friend gave me his insurance card and I showed it at my arraigment. The court called the insurance company only to find out the policy had been cancelled. The DA amended to add a charge of 16030 VC-M fraudulent insurance.

I plead not guilty and set the matter over for me to retain a PD. (public defender)

I had insurance on my own car at the time of the citation. It was valid for one year and still is valid now. I gave the PD my proof to take to court for my second appearance.

The DA will not accept it.

Thanks

What do you think will happen if I take the matter to trial.

 

[HomeGuru]

What is the name of your state? CA

This is a traffic case that turned into a criminal case:

I was cited for 16028 not having proof for financial responsbility. I was driving my friend's car for the day since my car was in the shop. The car was in friend's name and the insurance policy was in friend's name.

My friend gave me his insurance card and I showed it at my arraigment. The court called the insurance company only to find out the policy had been cancelled. The DA amended to add a charge of 16030 VC-M fraudulent insurance.

I plead not guilty and set the matter over for me to retain a PD. (public defender)

I had insurance on my own car at the time of the citation. It was valid for one year and still is valid now. I gave the PD my proof to take to court for my second appearance.

The DA will not accept it.

Thanks

What do you think will happen if I take the matter to trial.

**A: why did you not take your own insurance card to court?

 

[BRobinson]

Th officer told me to take insurance for the car to court.

Regardless, there was absolutely no knowledge with intent to defraud. What do you think will happen if I take it trial?

Is intent implied by mere possession and association with my friend?

 

[stephenk]

did you ask your friend if the insurance was valid when he gave you the card to take to court? Why didnt your friend go to court with you?

 

[BRobinson]

No my friend did not come with me to court. I did not think it was necessary since I was the one cited. I did not ask him about the insurance before I went to court since we have been friends since childhood and he has always been trustworthy.

I found out when the court called the insurance. as a matter of procedure.

Really in retrospect, I will be more careful next time. But how often do you get into your friend's car and call their insurance company to verify.

I didn't think it was a big deal since I had my own insurance.

Thank you very much

 

[HomeGuru]

No my friend did not come with me to court. I did not think it was necessary since I was the one cited. I did not ask him about the insurance before I went to court since we have been friends since childhood and he has always been trustworthy.

I found out when the court called the insurance. as a matter of procedure.

Really in retrospect, I will be more careful next time. But how often do you get into your friend's car and call their insurance company to verify.

I didn't think it was a big deal since I had my own insurance.

Thank you very much

**A: of course, next time you ask if the insurance is current and in force and ask to see the card. Why not, that's what a cop would do if you are stopped.

 

[BRobinson]

I thank you all for your input. However, I was still wondering how this would hold up if I took it trial since I am pleading not guilty to a misdemeanor.

Thanks

 

[HomeGuru]

Did you call your insurance company yet and ask them for advice?

 

[BRobinson]

They told me that it should not be a prob since I had insurance. I am pretty sure from what the law states that people will not meet their burden since they cannot connect me with the insurance and the car beyond a reasonable doubt.

I did exactly as the officer told me. I did have insurance at the time of the cite and have maintained it as well.

My friend will testify at trial on my behalf. I will not testify as not to be subject to cross.

 

[HomeGuru]

Then it's your cross to bear. Did the insurance company not tell you to take to court a signed and notarized affidavit from them attesting to the fact that your insurance was in force at the time of the ticket?