VC 16028 is the Vehicle Code section requiring a driver to carry proof of insurance, also called proof of financial responsibility.
To be found guilty of violating Vehicle Code section 16028, the following must have been true:
- You were driving a motor vehicle;
- Upon a highway;
- Upon the demand of a peace officer or traffic collision investigator;
- You failed to provide proof of insurance (also referred to as proof of financial responsibility) for the motor vehicle that is in effect at the time.
If you actually had insurance on your car at the time the citation was issued, but just didn’t have proof with you, you can provide proof of insurance to the traffic court and the charge will be dismissed for a small fee of $25 as authorized by Vehicle Code section 46011. Your chances of this happening will be greater the sooner you purchase insurance. It also helps to be very polite and respectful to the traffic court judge or commissioner.
Some judges will even reduce your fine even if you don’t have insurance in effect by the time you get to court if you show financial hardship or that you no longer own the vehicle you were driving at the time you were cited. If you are assessed to full fine, don’t forget to ask the traffic commissioner or judge if your fine can be converted to volunteer hours, Most courts will do this for at least a part of the fine.
In some cases, if you go to traffic court to fight the ticket, the outcome might be that the charge is dismissed if the officer who issued the ticket to you fails to appear in court. Without the officer there, the judge or commissioner will have to dismiss your ticket outright!
Electronic Proof of Insurance – These days, the Vehicle Code provides that you can provide proof of insurance electronically. This is usually done using a pdf download on your mobile or cell phone showing you have insurance on your vehicle currently in effect. To obtain a pdf or other electronic file showing you have insurance, go to your insurance provider’s website for instructions. This is a great way to go paperless.
Don’t Make Things Worse by Failing to Appear!
Things will only get worse if you fail to appear at traffic court. The fine for a violation of Vehicle Code section 16028 is already relatively high. The minor bail schedule lists the fine at $700, but that will go even higher with administrative fees the court is authorized to collect above and beyond the basic fine. If you fail to appear, you will also be exposed to penalties, the Failure to Appear, also referred to as an FTA, will also go on your driving record and your license may be suspended until you clear the FTA.
Cases of Multiple Charges, Including a Violation of VC 16028
If you are charged with other crimes in additional to a violation of VC 16028, such as a DUI or Reckless driving in violation of VC 23103, there is a good change that the prosecutor will dismiss the violation of VC 16028 in exchange for a guilty or no contest plea to one of the more serious charges being made against you. Perhaps that is not much consolation, but it is something.
If you are charged with a violation of Vehicle Code section 16028, or any other crime, please contact our Fiumara & Milligan Law, PC, Right away. We are experience attorneys who can help you through any legal issues you may have.
When you are facing criminal charges or jail time, you ought to consider:
Always a Free Consultation at Fiumara & Milligan Law, PC
Please feel free to call North Bay attorneys at Fiumara & Milligan Law, PC 24/7 at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential consultation to keep you out of jail. If you call after hours, our operators will gladly connect you to one of our experienced and compassionate attorneys 24/7.
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