traffic court

[nas9ra]

I recently had an accident, doing a u-turn on a hilly residential street and collided with someone going the opposite direction. I live in Virginia and had let my insurance lapse. I was charged with reckless driving which the cop told me would probably be reduced to improper driving. I was also charged with no insurance which I am very worried about. I went and got insurance several days later and am now fully insured which I will take to court. I am wondering if anyone has advice on what I should expect.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Below is what I found. It is Illinois state law.

ARTICLE VI. MANDATORY INSURANCE


(625 ILCS 5/7-601)
Sec. 7-601. Required liability insurance policy.
(a) No person shall operate, register or maintain registration of,
and no owner shall permit another person to operate, register or
maintain registration of, a motor vehicle designed to be used on a
public highway unless the motor vehicle is covered by a liability
insurance policy.

Sec. 7-606. Uninsured motor vehicles - suspension and
reinstatement. The Secretary shall suspend the vehicle registration of
any motor vehicle determined by the Secretary to be in violation of
Section 7-601 of this Code, including any motor vehicle operated in
violation of Section 3-707, 3-708 or 3-710 of this Code by an operator
other than the owner of the vehicle. Neither the fact that, subsequent
to the date of verification or conviction, the owner acquired the
required liability insurance policy nor the fact that the owner
terminated ownership of the motor vehicle shall have any bearing upon
the Secretary's decision to suspend.
The Secretary is authorized to suspend the registration of any motor
vehicle registered in this State upon receiving notice of the conviction
of the operator of the motor vehicle in another State of an offense
which, if committed in this State, would constitute a violation of
Section 7-601 of this Code.
Until it is terminated, the suspension shall remain in force after
the registration is renewed or a new registration is acquired for the
motor vehicle. The suspension also shall apply to any motor vehicle to
which the owner transfers the registration.
In the case of a first violation, the Secretary shall terminate the
suspension upon payment by the owner of a reinstatement fee of $100 and
submission of proof of insurance as prescribed by the Secretary.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by nas9ra:
I recently had an accident, doing a u-turn on a hilly residential street and collided with someone going the opposite direction. I live in Virginia and had let my insurance lapse. I was charged with reckless driving which the cop told me would probably be reduced to improper driving. I was also charged with no insurance which I am very worried about. I went and got insurance several days later and am now fully insured which I will take to court. I am wondering if anyone has advice on what I should expect.<HR></BLOCKQUOTE>


My response:

I think Lawrat misunderstood the fact that you are from Virginia, and gave you Illinois law by accident (no pun intended).

Virginia § 22.1-190

When insurance required and amount thereof

A. Every vehicle shall be covered in a policy of liability and property damage insurance issued by an insurance carrier authorized to transact business in this Commonwealth, in the amounts of at least $50,000 for injury, including death, to 1 person, $200,000 for injury, including death, to all persons injured in any 1 accident, and $10,000 for damage, including destruction, to the property of any person, other than the insured. In addition, the policy of insurance shall provide coverage for loss or damage caused by an uninsured motorist in accordance with the provisions of § 38.2-2204 and in the amounts required by this section. The policy shall also provide for medical expense payment coverage in the minimum amount of $1,000.

You can expect a very heavy fine, and / or community service. While it's nice, your new insurance will only go to the effect that the court will see that you have insurance. But, that may not be enough to keep your license from being suspended.

Additionally, DO NOT PLEAD GUILTY. You were involved in an accident where injuries were involved. Therefore, if you plead this on your own, make sure you plead "No contest." That way, if a Civil action is brought against you, the evidence and your plea in the criminal action can't be used against you in the Civil action. And, in additional to all of that, the other person's insurance company will also come after you for what they paid to their insured under the "Uninsured Motorist" provisions of the insurance policy. Get ready for some BIG BUCKS to come out of your pocket from all of this and, from every angle.

Good luck.

IAAL



------------------
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[nas9ra]

Shouldn't I replay not guilty to the reckless and no contect for no insurance charge?
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:

My response:

I think Lawrat misunderstood the fact that you are from Virginia, and gave you Illinois law by accident (no pun intended).

Virginia § 22.1-190

When insurance required and amount thereof

A. Every vehicle shall be covered in a policy of liability and property damage insurance issued by an insurance carrier authorized to transact business in this Commonwealth, in the amounts of at least $50,000 for injury, including death, to 1 person, $200,000 for injury, including death, to all persons injured in any 1 accident, and $10,000 for damage, including destruction, to the property of any person, other than the insured. In addition, the policy of insurance shall provide coverage for loss or damage caused by an uninsured motorist in accordance with the provisions of § 38.2-2204 and in the amounts required by this section. The policy shall also provide for medical expense payment coverage in the minimum amount of $1,000.

You can expect a very heavy fine, and / or community service. While it's nice, your new insurance will only go to the effect that the court will see that you have insurance. But, that may not be enough to keep your license from being suspended.

Additionally, DO NOT PLEAD GUILTY. You were involved in an accident where injuries were involved. Therefore, if you plead this on your own, make sure you plead "No contest." That way, if a Civil action is brought against you, the evidence and your plea in the criminal action can't be used against you in the Civil action. And, in additional to all of that, the other person's insurance company will also come after you for what they paid to their insured under the "Uninsured Motorist" provisions of the insurance policy. Get ready for some BIG BUCKS to come out of your pocket from all of this and, from every angle.

Good luck.

IAAL

<HR></BLOCKQUOTE>

 

[nas9ra]

Shouldn't I please not guilty for the reckless and no contest to the no insurance charge? <BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:

My response:

I think Lawrat misunderstood the fact that you are from Virginia, and gave you Illinois law by accident (no pun intended).

Virginia § 22.1-190

When insurance required and amount thereof

A. Every vehicle shall be covered in a policy of liability and property damage insurance issued by an insurance carrier authorized to transact business in this Commonwealth, in the amounts of at least $50,000 for injury, including death, to 1 person, $200,000 for injury, including death, to all persons injured in any 1 accident, and $10,000 for damage, including destruction, to the property of any person, other than the insured. In addition, the policy of insurance shall provide coverage for loss or damage caused by an uninsured motorist in accordance with the provisions of § 38.2-2204 and in the amounts required by this section. The policy shall also provide for medical expense payment coverage in the minimum amount of $1,000.

You can expect a very heavy fine, and / or community service. While it's nice, your new insurance will only go to the effect that the court will see that you have insurance. But, that may not be enough to keep your license from being suspended.

Additionally, DO NOT PLEAD GUILTY. You were involved in an accident where injuries were involved. Therefore, if you plead this on your own, make sure you plead "No contest." That way, if a Civil action is brought against you, the evidence and your plea in the criminal action can't be used against you in the Civil action. And, in additional to all of that, the other person's insurance company will also come after you for what they paid to their insured under the "Uninsured Motorist" provisions of the insurance policy. Get ready for some BIG BUCKS to come out of your pocket from all of this and, from every angle.

Good luck.

IAAL

<HR></BLOCKQUOTE>