Birmingham follows the requirements of the State of Michigan relative to the motor vehicle code, meaning that every driver is required to have no-fault auto insurance. Not having the minimum amount of insurance is a misdemeanor crime in Birmingham but this is a separate issue from not having proof of insurance at the time of a stop. If you have been pulled over and did not have proof of insurance, or were charged with driving without insurance in Birmingham, an experienced traffic attorney may be able to help you fight the charges and potentially mitigate the consequences.
How Uninsured Driving Charges Come AboutUninsured driving charges usually arise from a traffic stop for another driving infraction such as speeding or reckless driving. During most types of traffic stops, the police will ask for the driver’s license, vehicle registration, and then proof that they have insurance.
Sometimes people cannot find the proof of their insurance which is not necessarily a crime. However, if it can be proved that there was no insurance on the vehicle at the time, then it is a crime. To avoid the imposition of any fines, drivers should always try to ensure that they have up-to-date proof of their insurance in their vehicle at all times.
Because police must be called after any auto collisions to investigate and report, if a driver does not have insurance after a crash, the police will find out. Even if a party is not at fault for the accident, the police will still record whether they have insurance and issue a ticket accordingly.
Penalties for Driving UninsuredIt is a crime to drive without insurance in Michigan and much more serious than a simple traffic ticket. This misdemeanor carries up to 90 days in jail and points on the driver’s license. This means that the judges from the 48th District Court have the ability to consider jail time. However, jail time is quite unlikely unless there are exacerbating circumstances such as might arise if there is any kind of prior record showing a pattern of disobedience this or any other traffic laws. If a person is issued a ticket for not having proof of insurance during a stop but they did have coverage, the driver could present proof that they had an active policy during the stop in court.
If a driver is caught driving without insurance, they should consider getting insurance immediately, even if they did not have insurance at the time they were driving. Anytime a defendant can show a good faith effort to come into compliance, it may make a favorable impression on the judge and prosecution. Failure to obtain insurance after a charge will eliminate any consideration for a reduction in charge or a reduction in penalty is going to be lost. When an individual is charged with a crime like driving without insurance in Birmingham that carries potential jail time, they must show the state that this was a one-time mistake and not a pattern of negative behavior.
A Traffic Lawyer Could Help Explain Insurance RequirementsIf you have been charged with driving without insurance in Birmingham, you may need a lawyer to help fight this misdemeanor charge. If you did not have insurance when the ticket was issued, the law allows the judge to impose different penalties such as a fine or even up to 90 days in jail. Call a criminal defense attorney today to protect your driving record and freedom.