Getting a no proof of insurance ticket in California can be frustrating, but there are ways you may be able to get it dismissed or reduced. Here is some key information on fighting a no proof of insurance ticket in California:
What is a No Proof of Insurance Ticket?
A no proof of insurance ticket, also known as a California Vehicle Code (CVC) 16028(a) ticket, is issued when you are pulled over and cannot provide proof that your vehicle has valid insurance. California law requires all motor vehicles operated in the state to be insured, so you must carry proof of insurance in your car at all times.
The standard fine for a first-time no proof of insurance ticket is $100 plus penalty assessments which usually make the total fine around $300. Subsequent tickets can cost up to $500. If you go to traffic court, you may be able to get the fine lowered or dismissed.
How to Fight a No Proof of Insurance Ticket
Here are some potential ways to fight a no proof of insurance ticket in California:
Provide Proof of Valid Insurance
The easiest way to fight a no proof of insurance ticket is to provide proof that you did have valid insurance coverage at the time you were pulled over. You can show this proof of insurance to the court clerk or the judge to get the ticket dismissed. Make sure to bring documentation like an insurance card, policy declaration page, or letter from your insurer showing your policy was in effect on the date of the ticket.
Request a Dismissal for No Prior Convictions
If this is your first no proof of insurance ticket in California, you can request it be dismissed by filing a Declaration of Non-Violation (form TR-130) with the court. You must sign the declaration under penalty of perjury that you have not had any prior convictions for no proof of insurance. If granted, the ticket will be dismissed and no fines will be owed.
Provide Proof You Obtained Insurance
Another option is to provide proof to the court that you obtained liability insurance after getting the ticket. Bring documentation like a newly issued insurance card or policy declaration page. The judge may reduce your fine, often to $100 or less, for taking steps to comply with the insurance requirement.
Request an Extension
If you got the ticket when your prior policy had just expired, you can ask the court for a 30-day extension to provide proof of your updated insurance information. This may get the ticket dismissed if you renew your policy right away and provide updated documentation within 30 days.
Request Traffic School
In some cases, you may be able to have the ticket dismissed by completing traffic school. This usually involves paying a fee to take an online or in-person traffic school course. Check with the court to see if this option is available.
Plead Not Guilty and Request a Trial
You can fight the ticket by pleading not guilty and requesting a trial. The officer who issued the ticket would have to come to court and prove you did not have valid insurance. If the officer does not show up, the ticket may be dismissed. Going to trial is risky, however, because you could be found guilty and face higher fines.
Tips for Avoiding No Proof of Insurance Tickets
To avoid getting another no proof of insurance ticket, here are some tips:
- Keep your current insurance card and policy declaration page in your glove box as proof of coverage.
- If you switch insurers, request an updated insurance card right away.
- Put your insurance company’s phone number in your contacts in case you get pulled over.
- If your insurance lapses, reinstate it or obtain temporary insurance before driving.
- Sign up for electronic insurance ID cards on your insurer’s mobile app.
- Never drive uninsured vehicles.
Can I Lose My License for No Proof of Insurance?
You cannot lose your driver’s license just for getting one no proof of insurance ticket in California. However, if you are convicted of repeated no insurance violations within 3 years, the DMV can suspend your license for up to 6 months.
Getting caught driving without valid insurance multiple times can also lead to vehicle impoundment or registration cancellation/refusal by the DMV. Non-payment of fines related to no proof of insurance tickets may result in a license suspension.
How Long Does a No Proof of Insurance Ticket Stay on Record?
A no proof of insurance ticket will stay on your driving record for 3 years from the conviction date. This is according to the California DMV. The ticket will show up on all driving records pulled during that 3-year period.
Insurance companies may consider no proof of insurance convictions when deciding whether to issue or renew a policy. But a single conviction should not lead to non-renewal as long as you obtain valid proof of insurance promptly.
Can I Get Arrested for No Proof of Insurance?
You cannot be arrested in California solely for not having proof of insurance during a traffic stop. Failing to provide insurance proof will only lead to a traffic citation, not arrest. However, if you are caught driving without insurance repeatedly, your vehicle registration may be suspended and driving with suspended registration can potentially lead to arrest.
Should I Hire a Lawyer to Fight a No Insurance Ticket?
Hiring a lawyer is not usually needed to fight a routine no proof of insurance ticket. The traffic court process is designed for non-lawyers. Things you may be able to do yourself include:
- Providing proof of insurance to the clerk or judge
- Filing for traffic school
- Requesting fine reductions
- Asking for an extension to provide proof of new insurance
An attorney may be helpful if you plan to plead not guilty and go to trial, or if you are dealing with complex circumstances. Consider hiring a lawyer if you have multiple no insurance convictions or if a license suspension is imminent.
What Are the Penalties for Driving Without Insurance in California?
Here are the potential penalties for driving without insurance in California, according to the state’s vehicle code:
- 1st offense – Minimum $100 fine plus about $200 in penalty assessments.
- 2nd offense within 3 years – Minimum $200 fine plus about $300 in fees.
- 3rd offense within 3 years – Minimum $500 fine plus about $700 in fees.
- 4+ offenses within 3 years – Minimum $500 fine plus about $700 in fees, plus driver’s license suspension up to 6 months.
In addition, if you are caught driving uninsured you will be required to provide proof of insurance to the DMV within a certain timeframe or face vehicle impoundment. You may also have to maintain a California insurance filing for 3 years.
Can I Go to Jail for Driving Without Insurance?
You cannot go to jail in California solely for driving without insurance. Traffic infractions like driving uninsured do not carry the possibility of jail time. However, repeat unlicensed or uninsured driving could potentially lead to misdemeanor charges down the road which can involve jail sentences.
Should I Pay or Fight My No Proof of Insurance Ticket?
In many cases, the best option is to pay your no proof of insurance ticket or take steps to get it dismissed or reduced. The penalty for a first offense is usually around $300 when all fees are included. Additional tickets cost more. Paying may be worthwhile to resolve the matter simply.
It makes sense to fight the ticket if you actually did have valid insurance but failed to provide proof when pulled over. By providing documentation to prove you were properly insured, you may be able to get the ticket dismissed without having to pay a fine.
Can I Get a No Proof of Insurance Ticket Dismissed?
It is possible to get a no proof of insurance ticket dismissed in California. Some ways this can happen include:
- Providing proof of valid insurance on the date of the ticket
- Providing proof of new insurance obtained right after the ticket
- Filing a declaration of non-violation if it is your first offense
- Completing traffic school
- The officer who issued the ticket not coming to court if you plead not guilty
To improve your chances of dismissal, act fast and submit any paperwork to the court demonstrating your proof of insurance coverage. Be polite when dealing with the judge and clerk as well.
What Happens if I Ignore a No Proof of Insurance Ticket?
Ignoring a no proof of insurance ticket is never a good idea. Here’s what may happen if you don’t address the ticket:
- You will be found guilty by default and face maximum fines.
- The DMV may suspend your driver’s license.
- Outstanding fines may be sent to collections.
- Bail forfeiture and additional penalties may be imposed.
- A failure to appear charge could be filed leading to arrest.
- Your car insurance rates will increase significantly.
Deal with the ticket right away by paying the fine or contesting it in court. Ask the court for a fine reduction or traffic school to avoid increased insurance costs.
Can I Renew My License with a Pending No Proof of Insurance Ticket?
Having a pending no proof of insurance ticket will generally not prevent you from being able to renew your California driver’s license. The DMV will usually still let you complete the renewal process as normal.
However, if you are convicted of multiple no insurance offenses within a 3-year period, the DMV can suspend your license. And if you ignore the ticket and end up with a failure to appear, your license may be suspended as well.
Does No Proof of Insurance Go on My Driving Record?
Yes, a no proof of insurance conviction will show up on your California driving record for 3 years. It will display as a one-point violation. Insurance companies will be able to see the conviction when running your motor vehicle record.
Having just one no proof of insurance conviction should not lead to your policy being cancelled. But multiple convictions could potentially cause non-renewal or much higher premiums.
Conclusion
Getting tagged with a no proof of insurance ticket can be inconvenient and costly. But in many cases, you can resolve the ticket without too much hassle. Provide valid proof of insurance coverage, request traffic school, or plead not guilty and request a trial. Avoid ignoring the ticket, which almost always leads to more penalties. And be sure to keep current insurance ID cards in your vehicle at all times to avoid getting another costly no proof of insurance citation.