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Can you go to jail for driving without insurance in California?

San Diego, CA |

I am a two time felon on parole. I am driving my mother's car but I am listed as an "excluded driver". If I get pulled over, can I go back to prison for that?

Attorney Answers 5


  1. No that is an infraction. Unless there is something more it is not an offense that will put you in jail.
    Robert Driessen


  2. It depends on the terms of your parole. If you violate parole you can be sent back to prison for upto a year.


  3. I'd assume you are an "excluded driver" since you do not have a license. If so, you could be charged with a misdemeanor for unlicensed operator and/or driving on a suspended license.

    Best advice, for you and your mother, is for you to not drive her car.


  4. Being an "excluded driver" means you are specifically excluded from being covered by the insurance policy on the car. Driving a vehicle that you are excluded from insurance coverage is not a crime. If you do not have your own insurance, either on your car, or under a non-owner policy, you could be guilty of an infraction of driving without insurance, which would not subject you going back to prison in the real world. I suspect you are excluded because of your driving record; if you drive without a license or on a suspended license, you are committing misdemeanors that would most likely not get you sent back to prison, but it could.


  5. Being an "excluded driver" means you are specifically excluded from being covered by the insurance policy on the car. Driving a vehicle that you are excluded from insurance coverage is not a crime. If you do not have your own insurance, either on your car, or under a non-owner policy, you could be guilty of an infraction of driving without insurance, which would not subject you going back to prison in the real world. I suspect you are excluded because of your driving record; if you drive without a license or on a suspended license, you are committing misdemeanors that would most likely not get you sent back to prison, but it could.

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