No Insurance Tickets
Texas Traffic Ticket Lawyer
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There are many good resources on the issue of no insurance tickets in Texas. For example, what are the financial ramifications of a no insurance ticket if it becomes a conviction on a person’s driving record? Our recent blog post under this same article page has discussed that issue in such detail, that it need not be discussed further in this post. The purpose of this article is lay out the very basic legal principles for a no insurance ticket (also known as “FMFR”) so that you can make an informed decision on how to proceed.
WHAT DOES FMFR MEAN? Failure to Maintain Financial Responsibility. It refers to the language used in The Transportation Code Section 601. This code section is the law on the subject and must be used to formulate any meaningful defense to a no insurance ticket. Most traffic tickets will refer to the charge under this acronym.
WHAT IF I WAS DRIVING ANOTHER PERSON’S CAR AND THEY DID NOT HAVE INSURANCE? In Texas, it is the driver’s responsibility to maintain insurance. If you were driving another person’s vehicle, you will be considered “the driver.” Therefore, it was your responsibility to verify the car was insured. If you have a car policy in place for your own vehicle, you normally will be covered while driving another’s vehicle or a rental car. Many court clerks will now know this and try to have you plead “no contest” to the case. Do not do this without first speaking with an experienced lawyer as you may have missed out on a dismissal opportunity.
WHAT IF I DIDN’T HAVE INSURANCE AT THE TIME I GOT THE TICKET, BUT I HAVE IT NOW? No insurance tickets are considered strict liability citations. Either you had it or you did not. If you don’t have insurance in effect at the time of the stop, it will not matter for the purpose of a dismissal that you have it now. However, most courts will not allow you to keep a no insurance traffic ticket off your record without current proof of insurance. Therefore, you are going to need the policy at any future court date to keep the ticket from being reported as a conviction.
HOW BAD IS NO INSURANCE CONVICTION REALLY? Think of it this way. An insurance policy normally costs about $60 – $90 per month to maintain. The total for the year is about $600 – $900. One no insurance conviction will cost about $350.00 for the fine. Further, you will be required to pay $260.00 per year to DPS or your driver’s license will be suspended. $350 + $780.00 = $1,130.00. The punishment was designed to make having insurance cheaper than not having it.