VIRGINIA: Driver's Ticketed for Charge That Does Not Exist

Virginia lawyers have uncovered a disturbing trend -- drivers convicted of an offense that is not a crime under state law.  In some localities, police have been charging drivers with “driving without proof of insurance” despite the fact that there is no law requiring a vehicle operator to carry such proof.  A bill that would require drivers to carry proof of insurance has been debated by the General Assembly three times, but it was never passed. 

In fact, Virginia does not even require drivers to possess car insurance.  Drivers can either insure their car or pay a $500 uninsured motor vehicle fee.  Failure to do either is a misdemeanor, but is only punishable by fines up to $500.  A Lynchburg lawyer stopped in Sussex County on Labor Day 2011 is challenging a charge of not having proof of insurance, but the judge has not yet ruled on the case.

For more information visit:

- “A Charge that’s not a crime: Driver’s ticketed for ‘driving without proof of insurance,’” Peter Vieth, Virginia Lawyers Weekly, December 19, 2011.

- “Lawyer Readies for Battle over ‘no insurance card,’” Peter Vieth, Virginia Lawyers Weekly, December 19, 2011. [Login required/Pay wall]