Driving with No Insurance / Proof of Insurance
Historically, driving without insurance in Utah was a class B misdemeanor offense that could show up on your criminal history report and could affect your eligibility to expunge other more serious criminal convictions. That has changed.
Misdemeanors or Infractions
Between 2015 and 2018, the Utah legislature made several changes that reclassified offense levels for operating a motor vehicle with no insurance (41-12a-302) and for driving without proof of insurance (41-12a-303.2).
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
In 2015, both offenses were reduced to the class C misdemeanor level and reclassified as insurance charges for expungement purposes, making them fall under the “traffic offense, or minor regulatory offense” exception to eligibility determination.
In 2016, driving without proof of insurance (“evidence of owner’s or operator’s security”) was reduced to an infraction. The penalty for driving without insurance remained as a class C misdemeanor.
In 2017, the legislature refined its classification slightly, making driving without proof of insurance an infraction on a first offense, but increasing the level to the class C misdemeanor level for any subsequent violation occurring within a 3-year period.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
For both charges, a first offense carries a fine of not less than $400; any subsequent offense withing three years carries a minimum fine of $1,000.
Driving without Evidence of Security
Commonly referred to as driving without proof of insurance, this is an offense that you can be cited for even if you actually do have current auto insurance. The crime is committed when the person driving does not “have in the person’s immediate possession evidence of owner’s or operator’s security for the motor vehicle the person is operating” or for failing to “display it upon demand of a peace officer.”
Having Insurance is a “Complete Defense”
By statute, it is a violation to not carry evidence of insurance. But, also by statute, actually having insurance is a complete defense to the charge. If you are cited for driving without proof of insurance, the charge should be dismissed if you are able to present proof that you actually had the required insurance coverage at the time you were cited.
A good defense strategy should be designed to help you achieve your goals.
Driving with No Insurance
Failing to carry proof of insurance can cause inconvenience to police or to other drivers if you are involved in an accident. But failing to actually have current insurance is viewed more seriously.
Driving without insurance is by default a class C misdemeanor. Minimum fines are $400 for a first offense, and $1,000 for any new charges within three years of the first violation.
Providing proof of insurance obtained subsequent to your citation does not clear your charge, but can allow the court to waive up to $300 of the mandatory fine amount — if the insurance is obtained subsequent to the violation, but prior to sentencing.
The right criminal defense attorney makes a real difference for YOU and for your case.
Burden of Proof – Prosecution or Defense?
Not having insurance and not carrying proof of insurance each involve differences in the burden of proof.
Under basic principles of our constitution, a person is presumed innocent at trial and the prosecution has the burden of proving otherwise. But courts have historically distinguished the burden of proving guilt and the burden of producing evidence on an affirmative defense.
For a charge of no insurance, the prosecution carries the burden of presenting evidence and persuading the fact finder that you did not in fact have insurance. Failing to carry that burden should result in a not-guilty verdict.
But for a charge of not having proof of insurance, the prosecution only has to prove that you did not have evidence of insurance with you while driving. To raise the affirmative defense, you would need to present evidence that you actually had insurance coverage in effect at the time.
Finding the Right Defense Attorney
Whether you are deciding whether to handle a citation yourself, or you are facing more serious criminal charges, our criminal defense team is ready to assist you. We have successfully handled the most serious felony charges on the books in Utah, and we have also helped many other clients in less severe misdemeanor cases.
We also work with clients who want to clear their record by expungement, 402 reduction, or pardon. Contact us today to see how the right attorney can make a difference for you.
