New York drivers are prohibited from operating without insurance by NY VTL §319. Drivers can be arrested, charged with, or given a traffic ticket or summons for driving a vehicle without liability insurance. A conviction for driving without insurance can come with significant consequences, including a driver’s license revocation and fines.
Schedule a Free Consultation with a New York Traffic Ticket Attorney For For Operating With No Insurance
The penalties for Operating Without Insurance (§319.1) are more serious than many realize. By paying the fine for driving without insurance, you avoid the hassle of trying to defend yourself in court. However, you will be convicted and face a possible fine of over $1,000. Discussing your case with an attorney who can fight to have the ticket dismissed or the charges reduced can save you time, money, and stress. Contact The New York Traffic Ticket Lawyers to schedule your free initial consultation.
New York Auto Insurance Requirements
When a law enforcement officer pulls a driver over for a moving violation, such as speeding or failure to use a blinker, they will ask to see the driver’s license, registration, and auto insurance. When a driver cannot supply the officer with these items, they can receive an additional traffic ticket for operating a vehicle without insurance. New York is a “25/50/10” state, meaning New York drivers must carry the minimum amounts of auto insurance:
- $25,000 per person and $50,000 per incident in bodily injury liability
- $10,000 in property damage liability
Penalties for Operating Without Insurance (§319.1)
Depending on the facts in the case, a driver may face an additional fine of $1,500 for not having adequate auto insurance on top of the fine for the underlying traffic offense. For example, suppose a driver receives a ticket for speeding and doesn’t have proof of insurance when he or she is pulled over. In that case, the driver can face additional fines and points on his or her license for operating without insurance under NY VTL §319. Driving without insurance may save money upfront, but you could spend over $1,000 and lose your driver’s license if you receive a ticket for this offense.
Revocation of Your Driver’s License
Revocation of the driver’s driving license is one of the most serious penalties for operating without insurance. If you pay the fine, you are admitting guilt and can face a one-year revocation of your New York state driver’s license. When a driver’s license is revoked, the driver must pay an additional civil penalty of $750 to the Department of Motor Vehicles before his or her driver’s license or registration can be re-issued after the suspension.
Fines, Surcharges, and Civil Penalties
Drivers convicted of operating a vehicle without auto insurance must pay a fine between $150 and $1,500. The amount of the fine is up to the court’s discretion. A judge will consider all the facts in the case and determine what type of fine to impose. The court will impose a harsher fine if the driver has already been convicted of driving without auto insurance. In addition to paying a fine, the driver must pay a mandatory surcharge of $88 or $93. The amount depends on whether the driver received a ticket in a town, village, or another court jurisdiction.
Increased Auto Insurance Premiums
Drivers convicted of driving without adequate insurance coverage can be required to pay higher premiums when they sign up for a policy. The amount of the increase depends on several factors. You could pay up to 30% more in premiums for your auto insurance because of your conviction. Increasing premiums can cost more than the fines associated with the traffic ticket. Working with the New York Traffic Ticket Lawyers could save you a significant amount of money in fines and charges that you would otherwise be paying if you didn’t fight the ticket.
Most drivers sentenced for operating a vehicle without auto insurance will not face any jail time. However, in extreme circumstances, judges have the legal authority to impose 15 days of jail time on top of the other penalties mentioned above. If you’ve been previously convicted of driving without auto insurance, your arrest involved a DUI charge, or other extenuating circumstances, facing jail time is a possibility.
There are several ways an attorney can help you fight a conviction for driving without auto insurance in New York. The best legal defense depends on the facts in your case. After discussing your case with you, the New York Traffic Ticket Lawyers will develop an effective legal defense strategy. Some of the defenses you may be able to use include:
- You were using a borrowed vehicle at the time you were ticketed
- The vehicle was insured under a different policy that was in effect at the time
- The vehicle listed on the ticket wasn’t the vehicle being operated at the time
- The company didn’t provide you with notice of cancellation
Out-of-state drivers can be pulled over and ticketed by New York law enforcement officers for traffic violations and for failure to produce proof of auto insurance. Most policies issued in other states are also valid in New York. If you can’t provide proof and you’re convicted, your conviction will follow you into your home state.
Contact The New York Traffic Ticket Lawyers to Handle Your No Insurance Ticket
If you’ve been ticketed for operating a vehicle in New York without insurance, you have a right to fight the traffic ticket. Many New York drivers are unaware that they may be able to have their traffic ticket dismissed or reduced by fighting it. Don’t pay the fine. Contact The New York Traffic Ticket Lawyers to schedule your free case evaluation and learn more about how we can fight your ticket.