Anyone who has been stopped by a law enforcement officer (LEO), has likely heard that famous question, “Can I see your license, registration, and proof of insurance?” Most drivers reach over and pull the documents out of their glove compartment and hand them to the LEO for inspection. But, what do you do when your search does not produce proof of insurance? There is one more option before you give up and get your ticket, check your cell phone.
Cell Phone Verification
Sections 16000 through 16078 of the CA Vehicle Code (CVC) covers automobile insurance and Proof of Financial Responsibility. In particular, CVC 16028, Financial Responsibility states, proof of insurance or “financial responsibility may be provided using a mobile electronic device.” Likewise, a “collision investigator” can accept electronic proof of insurance at the scene of an accident.
However, the LEO cannot stop a vehicle simply to check for proof of insurance. When the driver provides such proof, the LEO may only view the screen provided, and the person giving proof accepts any damage should the LEO drop or otherwise damage the electronic device.
When the driver cannot furnish proof of insurance, a notice of appearance is issued to the driver in the form of a ticket for no proof of financial responsibility unless the vehicle is owned by the driver’s employer who will get issued the citation and the driver is responsible for notifying the employer within five days.
If the LEO or investigator believes there is no insurance, they can impound the vehicle, and the driver is responsible for towing and storage fees at the going rate set by the Bakersfield Police Department (BPD). The registered vehicle owner must show proof of insurance, proof of correction, an SR-22, Financial Responsibility Statement, or proof of deposit with the Secretary of State to recover their vehicle.
Correctable or “Fix-It” Ticket for No Proof of Insurance
When the driver or owner of the vehicle had insurance at the time of the stop but was unable to show it, this is known as a fix-it or correctable ticket. The driver must show the LEO proof of insurance, the LEO will sign the ticket as corrected, and the driver will show that to the Court Clerk, and pay the dismissal fee. At that time, the ticket gets dismissed with no record.
When the driver or vehicle owner did not have insurance or financial responsibility on deposit, they should consult a traffic ticket attorney to discuss their situation. The base fine for no insurance can be $100 or $200 depending on their driving history. After the state and county surcharges, penalties, and fees, the fine could be more than $1000. If the vehicle was impounded, those fees could easily double the fine if the vehicle stayed in storage even 30 days. A second offense could result in an automatic suspension. Ask a traffic law professional for legal advice immediately.
Consult a Traffic Law Professional in Bakersfield, CA
When charged with no proof of insurance in Kern County and you did not have insurance at the time of the stop, call Bigger & Harman (661) 349-9300. Se habla Español (661) 349-9755. Although it will not get you out of the ticket, you should purchase insurance right away, especially if your car was impounded. The garage storage fees add up quickly. Check the City of Bakersfield Vehicle Release website for fees and contact numbers.
At Bigger & Harman, we handle most types of traffic tickets. We practice only traffic law and charge a flat fee for resolution regardless of court appearances, appeals, dismissals, or reduced charges. We can’t always get a dismissal, but we have a tremendous record of success in Bakersfield Traffic Court, and other counties in Central Valley. Give us a call to discuss your ticket.
Send us an email, attorney@biggerharmanlaw.com.