I payed a ticket for driving without insurance, but I did have insurance. Can I get it taken off my record?
3 attorney answers
I agree with Daniel. If you had insurance, hire an attorney - get the conviction set aside. Once the conviction is set aside, the court will issue a notice of record revision to the DOR to get the points and the conviction removed from your record. You will even get a refund on the fines and courts costs you have already paid to the court (in most cities/counties).
Remember this is just my opinion and should not be construed as legal advice. No attorney-client privilege will be created by communications on this website or by email. You should consult an attorney in your area about the specifics of your case.
The statute that requires you to have insurance also provides that "...no person shall be found guilty of violating this section if the operator demonstrates to the court that he or she met the financial responsibility requirements of this section at the time the peace officer, commercial vehicle enforcement officer or commercial vehicle inspector wrote the citation."
Assuming you plead guilty and were not convicted despite a not guilty plea, you will need to move to get your plea set aside. This is best done through a lawyer. If you successfully get your plea withdrawn (the judge probably should grant such a motion under your circumstances, but is not legally required to do so), the judge may dismiss the case if you provide the proof with your motion, or may refer you to the prosecutor so that you can provide your proof to him/her so that the prosecutor can dismiss it.
If all of the above happens, the court will probably inform the department of revenue of the actions taken, and your points and the conviction on your driving record will be retroactively removed. At that point you should be able to get new quotes with better rates from the insurance companies, assuming that's the reason they are so high.
If you get a similar ticket again, make sure and just show the prosecutor and/or the judge your proof of insurance. They can't convict you of this just for not having your insurance card on you if you can produce it to the court, and you shouldn't even need a lawyer to contest it in most cases if you are able to produce the proof. I got a ticket for not having my current insurance card on me not all that long ago, and all I had to do to get the case dropped was to fax a copy of the relevant insurance card to the court clerk.
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Depending on the city that gave you the ticket, an attorney can motion the Judge to set aside the Judgement for no insurance. If the Judge grants the motion, the attorney then can negotiate with the Prosecutor to have the ticket either dismissed or possible amended to a non-moving violation.