auto insurance in court

[dland]

This message is in regard to auto insurance. If this is not the place to post something of this subject, I apologize, and would like to know where the appropriate place is.

I am in California. I recently was in an accident. The police eventually arrived on the scene and issued me a ticket for not being able to produce evidence of insurance. I didn't think much of it because I thought that I did actually have it. When I got home I learned that, much to my disbelief, I really didn't. It turns out that I was taken off my mother's policy when I got a new car (the one I was hit in) back in June. Unfortunately, California law states that I should have my license suspended for a year. Though getting a restricted license is an option, it's still not terribly attractive and I'd really like to have the punishment be reduced. It was not my intent to try to get out of paying for insurance. It was purely a mistake. I've always had insurance ever since I've driven (6 or so years). Furthermore I had plenty of money to pay for it. And this is basically what I plan to explain to the judge when I go to court.

I basically just want to know if anyone has any other points they think I could argue that would help my case. I would also like to know what constitutes a legal document (i.e. something that will stand up in court). The paper that I have to prove that I had always had insurance (up until June) is simply a computer print out sent to me from Farmers Insurance. The proof that I had money to pay for it is a quarterly statement from Dean Whitter stating my total stock holdings. Is a court going to accept these as legal?

Thanks,
Dave

 

[ALawyer]

The approach you are taking seems sensible, but as the law probably penalizes lack of insurance, regardless of that your intent was, it probably is not relevant under the state law to guilt or innocence, but is really only a request for miitigation of the sentence.

Your testimony would be butressed by the documents. But what you have said does NOT go to the issue of whether or not you have insurance.

Have you thought of getting a lawyer's advice on strategy? A legal plan would cost you less than $13 per month, and you could ask.

 

[s_hill1]

Why don't you just get insurance before you go to court? I believe, in California, that that's really what the court is trying to compell you to do ASAP and, sans that, THEN will stip you of your privileges to drive.

 

[dland]

The court offers some legal advice for 60 cents per minute. I think I might invest a few bucks and talk to someone there.

Also, I know that people who get DUI's get similar sentences to people who drive without insurance (year suspension of license), though they probably pay a lot higher fine. I also am pretty sure that a DUI is a criminal offense and that you have to state it on job applications and such things. Is driving without insurance a criminal offense as well?

Thanks,
Dave

 

[dland]

Well, I had my hearing today and it went pretty well. The fine was reduced from $271 to $100. The judge said that she couldn't see any reason to suspend my license, though after I talked to an attourney about this I learned that the courts can't always make the DMV do what they want. Apparently, if the DMV still wants to suspend my license, they can. The judge told me that if that happens that I should come back. As far as I know, the DMV is still unaware that I was caught without insurance.

Dave