TA 17-101: Driving Uninsured Vehicle

The Maryland MVA requires all drivers to maintain minimum insurance coverage for all vehicles driven on state highways.  The MVA may not issue or transfer registration of a vehicle unless the owner or prospective owner furnishes proof that the vehicle is insured.  This applies to cars, motorcycles and even scooters.  All drivers must carry a minimum of $30,000 in coverage for bodily injury for one person, a total of $60,000 for two or more persons and at least $15,000 for property damage.  A person may not knowingly drive a vehicle or allow another person to driver a vehicle that he or she knows or has reason to know is not insured under TA 17-101.  The requirement of knowingly can be misleading, as the State simply introducing the MVA record showing the vehicle is not insured is considered enough evidence to establish the case.
 
If a driver is pulled over for speeding and presents an expired insurance card to the officer.  The driver will be issued a citation for driving uninsured vehicle even if her or she did not realize the insurance had expired.  Another example would be if a vehicle owner allows a person to drive his or her car.  If the car is involved in an accident or the driver is pulled over for a traffic infraction the owner of the car could be cited for a violation of TA 17-107.
 
Many drivers cited for knowingly driving uninsured vehicle also do not have a valid driver’s license and could also be cited for a violation under TA 16-101 for driving a vehicle without required license and authorization.  Driving without a license carries up to 60 days in jail for a first offense and up to 1 year for a second or subsequent conviction.  Driving on a suspended or revoked license under TA 16-303 is another common offense that is charged with driving uninsured.  Under Maryland law driving on a suspended or revoked license carries up to 1 year in jail for a first offense and up to 2 years for a repeat offense.
 
One of the most common defenses is that the driver did not know his or her insurance had lapsed.  While this may not be a foolproof legal defense, it may help convince the State to drop or reduce the charges to a payable citation such as failure to display license on demand, which carries no points or jail time.  It would be a legal defense if the driver made a payment in good faith to keep up the policy but the insurance company or the MVA did not appropriately update the records.
 
Maryland law provides a harsh penalty for knowingly driving uninsured vehicle.  A first conviction carries up to 1 year in jail and a fine of up to $1,000, which is higher than the maximum penalty for DWI and the same as the maximum for DUI.  A conviction also carries 5 points that will be assessed by the MVA.  Repeat offenders face up to two years in prison for driving an uninsured vehicle under 17-101.
 
Driving an uninsured vehicle is a serious traffic offense but we have had a great deal of success negotiating for the dismissal of these charges in court.  It is always advisable to obtain insurance as quickly after receiving the citation as possible, as this will increase the odds of a reduction or dismissal.  While it is not a legal defense to obtain insurance after the fact, it will help when fighting the case in court.  Benjamin Herbst represents defendants in all state and federal courthouses in Maryland and is available anytime for a consultation about your case at 410-207-2598.  Benjamin offers flexible payment plans for all traffic violations and is available 7 days a week for his clients.