What should i do if i was caught driving without insurance unknowingly in colorado.Should have the officer act like DMV agent
I was caught speeding 8 miles over the speed limit in a school zone with no seat belt and my insurance had lapsed 4 days prior of the day this all happened. I did not know my insurance had lapsed only 4 days prior to this day i got pulled over. I later found out because my insurance was being paid throught my husbands paypal account because he had a hold on the account they couldnt withdraw their payment. I have been to 1 court hearing and the DA has offered me a plea of driving with compulsary insurance4pts on my license and speeding in a school zone1pt on my license and double the fine drop the seatbelt charge. So my question is this what can i do after this court will the dmv suspend my license or if i file an sr-22 before i am convicted will this save me from reinstating my driver lic
Wow. That does not seem like much of a plea bargain, does it?
Perhaps you should consider hiring an attorney to try to get you a better plea agreement.
Sorting out your insurance situation is going to help. If you can get the reinstatement from your insurance company to be retroactive back to the date of the lapse, covering you for the date of the ticket, the DA should be much more willing to back off on that charge.
You need to sit down with an attorney and sort this out. But first, you need to work with your insurance agent and get this lapse cleared up the best way you can. At the very least, you need to get coverage in place before you speak to the DA again or to an attorney.
Best of luck to you.
Attorney Dormer gives good advice regarding this question. Of all charges to have, this is perhaps the one most likely to be disposed of by the prosecution once you are able to show proof of insurance, although it sounds like there might be complicating factors if that is not being discussed by the DDA. With the facts as presented it is hard to see why your licence would be suspended or why you would need SR-22. Lot's of great attorneys on AVVO that give a free consultation, it might be worth having them facilitate the matter if you believe your license is in jeopardy or if there are serious insurance implications etc. Good luck.
The information provided in these answers and comments is meant as education for the public in general and is not legal advice nor does it create an attorney-client relationship.
In the Denver area (Colorado Springs may be different), the DA will almost always drop the insurance charge if you can show that you were covered at the time you received the ticket. Even if not, failing to show proof of insurance is much less serious than failing to have insurance.
On the insurance front, Colorado auto insurers are generally required to notify an insured in writing before cancelling a policy. If they failed to give you written notice before cancelling, they should retroactively reinstate your coverage, and they should give you proof of insurance that states you didn't have any lapses. If they did notify you in writing and you juts missed the notice window, you might explain the situation to your agent or the company's sales/customer service department and ask them if you can pay-up and have them reinstate retroactively.
Finally, without looking through the discovery in your case, it's really tough to give you strategy advice about the DMV issues or the criminal issues. You should talk to a local criminal defense attorney. I'd be happy to recommend someone if you'd like; feel free to call.
