NMA Virginia Alert: Virginia Drivers Ticketed for Non-Crime
A Virginia NMA member recently informed us Virginia drivers are being charged and convicted of an offense that is not a crime under state law: driving without proof of insurance. According to this article, Virginia does not require motorists to carry proof of insurance, nor does it require vehicles to be insured at all.
Nonetheless, court records from several localities show that drivers have been hit with hefty fines and court costs for failing to have proof of insurance. Police, prosecutors and judges have apparently been misinterpreting Virginia Code § 46.2-707 pertaining to payment of an uninsured motor vehicle fee. A Virginia legal blog sums up the issue this way: “What is particularly important about this statute–and what a surprisingly large number of police officers, prosecutors, and judges state-wide seemed to have missed–is that it only applies to drivers who are operating uninsured vehicles. Therefore, in order to properly be charged under this statute, a driver would have to admit that his/her car was uninsured and that he/she failed to pay the uninsured motorist fee. There is no crime if a driver does not have their insurance card on them or simply cannot find it …” The stakes are fairly high, though. A conviction amounts to a Class 3 misdemeanor, along with a $500 fine and immediate license suspension. Additionally, a conviction for providing false insurance information when driving an uninsured car is labeled a “crime of moral turpitude” and can adversely affect future employment and military service. We encourage Virginia members to educate themselves about the specifics of Virginia Code § 46.2-707 to avoid trouble on the road or in the court room.
