PC §716 - DRIVING W/O VALID INSURANCE

INFRACTION

(a) Definition

Driving without valid insurance is the act of operating a motor vehicle on public roadways without maintaining the legally required auto insurance coverage as mandated by state laws and regulations.

(b) Elements of the Offense

The following elements must be met to constitute driving without valid insurance:

  1. The defendant operated a motor vehicle on a public roadway.

  2. The motor vehicle was not covered by a valid auto insurance policy that meets the minimum coverage requirements set forth by state laws and regulations.

  3. The defendant knew or should have known that the vehicle was not covered by valid insurance at the time of operation.

Minimum Coverage Requirements

(a) Minimum coverage requirements may vary by jurisdiction but typically include liability insurance that provides coverage for bodily injury and property damage to others in the event of an accident.

Types of Violations

(a) Violations of driving without valid insurance may include, but are not limited to, the following:

  1. Allowing an auto insurance policy to lapse or expire without renewing coverage.

  2. Falsifying insurance documents or providing fraudulent proof of insurance.

  3. Operating a motor vehicle owned by another individual or entity without verifying that it is covered by valid insurance.

(c) Defenses

  • (a) It shall be a defense to a charge of driving without valid insurance if the defendant can prove that they were covered by valid insurance at the time of operation, or if they can demonstrate that they were unaware of the lack of insurance coverage due to factors beyond their control.

  • (b) Lack of evidence of driving without valid insurance, such as errors in law enforcement observations or documentation, may also serve as defenses if proven by the defendant.

(d) Aggravating Factors

  • Aggravating factors such as causing an accident resulting in property damage or injury to others, knowingly driving without insurance, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

JAIL TIME

NOT ARRESTABLE

FINE SET

$300.00

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