Driving without insurance is an misdemeanor crime under Massachusetts Law. In the Commonwealth, all vehicles registered in Massachusetts are required to maintain an active auto insurance policy. If the police stop a vehicle that does not have valid insurance on record with the RMV, the police will issue a Criminal Massachusetts Uniform Citation for Uninsured Operation of a Motor Vehicle.
How do I Know if I am Being Charged with a Crime for Not Having Insurance?
Generally, if a driver is stopped in a vehicle that does not have an active insurance policy on record with the RMV, the police will issue a Massachusetts Uniform Citation. The citation will list the criminal violation of Uninsured Operation of a Motor Vehicle. In addition, the police will tow and impound the car under most circumstances.
On the Uniform Citation, the police officer or State Trooper will mark the “crim” box. The citation also contains instructions for requesting a criminal clerk magistrate hearing on the application for a criminal complaint.
The recipient of the criminal traffic ticket must file the citation with the applicable district court within 4 days in order to receive a clerk magistrate hearing. If the citation is not filed with the District Court, the case may skip the clerk magistrate level and will be scheduled for an arraignment. Speaking with an attorney about your situation as soon as possible is highly recommended for this reason, among others.
What if I Didn’t Know that My Insurance Had Lapsed?
Even if you were unaware that your insurance had lapsed, you may still be given a citation and receive a summons to appear in District Court for a misdemeanor criminal offense. Often times, a driver has a brief lapse in insurance. When the insurance is renewed, the proper documentation may not have been appropriately updated in the Massachusetts Registry of Motor Vehicle’s system.
Under these circumstances, a driver must still address the citation in criminal district court. Defendants are entitled to have legal representation during all stages of the process.
What if I Actually Had Insurance When I was Stopped?
Occasionally, the RMV system will not be appropriately updated – particularly if there was a brief lapse in insurance. If the appropriate form was not filed with the Massachusetts Registry of Motor Vehicles following an insurance lapse, the vehicle’s registration may also be suspended. This issue may result in an additional violation – Operation of a Motor Vehicle with a Revoked / Suspended Registration.
Under these circumstances, driver’s may be completely unaware of the situation. Nevertheless, the police generally must tow the vehicle and issue a criminal citation if the RMV shows that the vehicle is not properly insured. Thus, the driver must go through the criminal court process in order to resolve the matter.
Defending Uninsured Operation of a Motor Vehicle Charges in Massachusetts
When defending criminal charges in Massachusetts District Court for Uninsured Operation of a Motor Vehicle, it is important to handle the case with the utmost care in order to avoid potential long lasting negative impacts.
At Caselden Law, we strive to protect our clients’ criminal records and ability to maintain a valid Driver’s License. Our firm has been very successful in handling these charges in District Court. We aim to avoid having the charges appear on our client’s employment and academic background checks by resolving the case prior to charges issuing, when possible.
Fixed Fee Uninsured Operation of a Motor Vehicle Criminal Defense Lawyer
Our firm handles charges of Driving without Insurance on a Fixed Fee Basis. Furthermore, our firm offers free and confidential case quotes to those interested in learning more about the cost and process of criminal defense representation. For this reason, our firm is available to speak with you about your case and provide you with a quote without any commitment or legal fee.
During the initial phone consultation, a Massachusetts Attorney will discuss the outline of your case as well as the process. The lawyer will also provide you with a quote for representation should you wish to proceed. There is no cost for this initial consultation.
Contact Us today to receive a free of charge case quote at (617) 863-6447 or by completing the contact form below: