Driving without Insurance Is a Crime
Suspension of license for driving without insurance
In New York, it is a misdemeanor to drive an uninsured automobile or allow someone else to drive your uninsured automobile.
NY VTL §319-2 states that “no person shall produce an insurance identification card which indicates insurance coverage which is not in effect. A violation of this subdivision shall be a misdemeanor.”
Nevertheless, the government must prove that there was no insurance and that the driver knew that there was no insurance. As stated, “[t]he burden of proving both lack of insurance and knowledge [that the vehicle is uninsured] is upon the People.” People v Scherbner, 26 Misc 3d 797 (2009).
Issuring a ticket for driving without insurance
Failure to present an effective insurance card is only presumptive evidence of the driver’s knowledge that his automobile was uninsured. The driver may counter this presumption with evidence – testimony might be sufficient.
A driver of an uninsured automobile may lose your driver’s license for at least one year. NY VTL §319-1 declares that a person operating an uninsured vehicle may be fined between $150 and $1,500 or may face up to 15 days of jail time or both.
In addition, an uninsured driver may face a civil penalty of $750 which must be paid before applying for a new license.
Rosenblum Law Firm has helped countless of drivers reduce their charges, lower their points and decrease their fines. Email or call us today at 888-815-3649 to speak directly to an attorney. If you have a NY Suspended License we can help!