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What do I do for a violation for not having insurance on my car?
Anonymous3 views2 answers
I had to go to court over not having insurance on my car. When my name was called to talk to the lawyer, she entered me as a non-guilty plea. Then the judge gave me a court date to come back, and he told me that I could possibly get my license taken away or go to jail. I was just wandering if I would be able to change my plea when I go back, and get a lesser sentence, or if the judge would even let me do that. I was confused as to why she even entered me that way. I just don't know what to do. Can someone please help?
In California, generally speaking and assuming you have good record, you can usually negotiate an infraction for driving without proof of insurance IF you have since corrected the problem. You cannot be sentenced to jail time on an infraction in California because infractions are not considered "crimes"
At your first appearance, you were "arraigned" on the charge against you. The judge explained what the charge was, gave you a new court date, and entered a not guilty plea on your behalf. That is part of the normal process and it gives you the opportunity to consider how to proceed and to hire a lawyer if you wish.
Kentucky has become tougher on people with no insurance. Given that this is the second time you have been charged with this, I recommend that you hire a Warren County lawyer who practices in District Court (Criminal and Traffic Divisions). I am assuming that you were charged in Bowling Green.
Next, you will need to make arrangements to get insurance on your car BEFORE the next court date. The policy should be paid up for as long as possible and you should bring proof of that to court with you. A letter from your insurance agent is usually sufficient.
Your lawyer will then be in the best position possible to resolve your case. Of course, he or she may have other ideas on how to proceed and you should listen to what they suggest. They are the ones familiar with the court procedures and judges in Warren County, as well as any special policies the prosecutor's office may have.
It could be, for example, that you would qualify for deferred prosecution on the charge or the chance to have the charge expunged from your record if you meet certain requirements.
If you absolutely cannot afford to hire a lawyer, you can ask the court to appoint one for you. If you decide to make that request, you should contact the District Court Clerk's office, explain that you cannot afford to hire private counsel, and ask how to proceed.
You should expect that they will want financial information from you to justify appointment of counsel: income, expenses, assets, etc. A lawyer to represent you in this case should probably run anywhere from $350 to $1000 (unless there are complications beyond what you have included in your description of the case).
