James M. Wagman, Attorney at Law
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What traffic violations can I get for lapsed insurance?


Drivers in New York State are required to have insurance when they are on the road. If there is a traffic stop or an accident and the driver does not have the required proof of insurance, there are various traffic violation penalties that will be faced. With an insurance lapse, it is important to understand the circumstances under which it occurs and how to avoid the harshest penalties with help from a qualified attorney experienced in traffic violation defense.

If a person is facing allegations of an insurance lapse, it means they do not have liability coverage for a New York State-registered vehicle. This can result in the driver's license being suspended as well as the registration being suspended. Regardless of the reason, a driver who has a registered vehicle that is not insured is considered lapsed. It can happen between the date of the insurance having been canceled and the following dates: when the new insurance starts; when the driver surrenders the license plates; when the registration has expired; when there is valid "other proof" of insurance; or when the insurance is reinstated by the insurer.

When the registration is suspended for more than 90 days, the license plates and registration must be surrendered to the Department of Motor Vehicles. During this time, the driver's license will be suspended as well. To get reinstatement, it will cost $50 for a license suspension termination fee. Drivers who operate an uninsured vehicle could be placed under arrest or get a ticket; have the vehicle impounded; and have their driver's license and registration revoked.

These issues are made worse if the person is in a car accident without insurance. The driver's license and registration will be revoked for a minimum of one year. There can also be a $1,500 fine if the person drives the vehicle without insurance or lets another person do so. There will also be a civil penalty of $750 to restore driving privileges after such an incident.

When facing allegations of driving without insurance, the penalties can be costly in a financial and personal way. There might be a reasonable explanation for not having insurance. It is possible that it was just a mistake. Or there could have been other factors involved in the situation. No matter what, when dealing with accusations of driving without insurance, a law firm with skill at helping those accused of traffic violations can help with a case and should be called as soon as possible.

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