The real issue is whether or not there was insurance in effect at the time the vehicle was bein operated on the road. Not having a valid card isn't a big deal at all. You could mail in the summons and plead not guilty with a copy of the valid insurance card. The DMV will easily be able to ascertain if there was insurance in effect at the time the summons was issued. If there was they could dismiss the ticket for you. alternatively you may havetomappear at the traffic violations bureau and they would check it out for you at that time.
You can't show the card. You will need a letter from your insurance comp showing you had valid ins on the day the ticket was issued. Then it will be dismissed.
Joseph A. Lo Piccolo, Esq.
President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City.
The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Driving without proof of valid insurance under VTL section 319 is an unclassified misdemeanor. If you are found guilty of this charge, you will have a permanent criminal record that cannot be erased or expunged. It can also lead to a one year license revocation and civil penalties of $750 over the fine.
If you try to handle this by yourself, make sure you have a letter from the insurance company. What was the basis for being pulled over?
I am a former Deputy Bureau Chief with the Kings County DA’s Office and adjunct professor at John Jay College of Criminal Justice, with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.
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No your ticket cannot be dismissed by proffering an insurance card at trial. In addition, if you are found guilty, whether or not you are guilty, your license will be revoked for 1 year. Our office has never lost a case like this whereby the person actually had insurance but was charged with driving without insurance.