Is it a crime to drive in California without car insurance? (2024 updates)
Is driving without car insurance a crime?
Actually, no, not technically. The California citation for not carrying insurance is an infraction. Infractions are minor violations of the law under California law. Unlike misdemeanors and felonies, an infraction is technically not considered to be a crime, but actually a civil offense.
This is opposed to a California misdemeanor or felony. Generally, for infractions in California, (link to our Infractions article) you can be fined up to $250.00 (not including penalties), but as long as you pay the fine, you cannot be sent to jail.
For first-time offenders of CVC 16028(a), they will receive a ticket and must pay a fine in the amount of $100 to $200, typically, before including penalties. Subsequent tickets citing CVC 16028(a) are still considered infractions, though their base fine can range from $200 to $500, and with added penalty assessments, your total fine can range from $1200 to $2000.
Can I be pulled over for driving without car insurance?
No. Under California law, the police officer conducting a traffic stop on you must have other justifications for pulling you over. They must instead be stopping you regarding other issues like broken tail lights or speeding, and cannot have pulled you over merely to investigate whether you possess car insurance or not.
Can I show a picture of my insurance on my phone to a police officer instead?
Yes, in fact CVC 16028(a) actually outlines that you are allowed to present proof of “financial responsibility” (insurance), using a mobile electronic device.
What are the fines and penalties for not driving with car insurance?
First-time citations carry a base fine of $100 to $200, and penalty assessments can be applied. Subsequent CVC 16028(a) tickets that occur within 3 years of the previous one will have a base fine of $200 to $500, with similar penalties. No DMV NOTS points are added to your record for this infraction. To learn more about the DMV NOTS points system in California, click here: (insert link)
What can I show a cop if they ask for my insurance?
You can show your proof of financial responsibility by providing any of the following:
Your insurance card that you got from your insurance carrier
A letter that is authorized by the California DMV if you are self-insured or if you made a cash deposit of $35,000 to them
A California Proof of Insurance Certificate (SR-22) form
Evidence that the vehicle is owned or leased by a public entity
A Notification of Alternative Forms of Responsibility (REG 5085) form
A statement of facts (REG 256) form
Can I show a picture of my driver’s license to a cop instead of my ID?
Not likely. You’re required to carry your physical driver’s license and present it to the police if you are driving. There is no law that specifically allows a photo of your ID as valid identification.
What fines and penalties would I face for driving in California without car insurance?
First-time offenders of CVC 16028(a) will receive a ticket and must pay a fine in the amount of $100 to $200, typically, before including penalties. Subsequent tickets citing CVC 16028(a) are still considered infractions, though their base fine can range from $200 to $500, and with added penalty assessments, your total fine can range from $1200 to $2000.
Any or all of the following penalties may be applied at the officer’s discretion:
Penal Code 1464: $10 for every $10 or fraction of $10 of your fine (example: your base fine is $25, so this would add $30 as a penalty assessment)
This penalty is established to deposit 70% into the State Penalty Fund and 30% into the General Fund, which can be transferred by the Controller for cashflow needs of the State Penalty Fund.
California Government Code 70372: $5 for every $10 or fraction of $10
This penalty is established for each county to deposit within 45 days after the end of the month into the State Court Facilities Construction Fund
California Government Code 76000: $7 for every $10 or fraction of $10
Each county in California may decide to apply additional amounts on top of the $7 here, and $1 of every $2.50 collected are deposited into the general fund of the county.
California Government Code 76000.5: $2 for every $10 or fraction of $10
This penalty is established, additionally on top of penalties administered under California Government Code 76000, for the purposes of supporting emergency medical services pursuant to Chapter 2.5 (commencing with Section 1797.98a) of Division 2.5 of the Health and Safety Code
California Government Code 76104.6: $1 for every $10 or fraction of $10
This penalty is established by 2004 voters for the purpose of implementing the DNA Fingerprint, Unsolved Crime and Innocence Protection Act (Proposition 69)
California Government Code 76104.7: $4 for every $10 or fraction of $10
This penalty is established additionally for the purpose of funding the DNA Fingerprint, Unsolved Crime and Innocence Protection Act (Proposition 69)
When all penalties are applied, even a mere fine of $100 can increase to $390 then, for example. Or the maximum $500 fine for repeat tickets can increase to nearly $2000 if all penalty assessments are applied.
Additionally, your vehicle may be impounded as ordered by the police officer, and kept locked up until you pay the towing and storage fees.
What can I do if I get a ticket for not having car insurance while driving in California?
If you can show afterwards that you indeed had insurance at the time of the violation, the court can dismiss the case for a small $25 administrative fee instead.
Additionally, prosecutors may be open to reducing the fine or even dismissing the charge entirely if the defendant obtains auto liability insurance soon after the violation occurred.
Being a non-moving violation, CVC tickets that cite Section 16028(a) are “fix-it” tickets, a.k.a “correctable offenses” as courts are usually willing to dismiss your charge or reduce your fine if you show proof of insurance after the fact. Additionally, in most cases, your lawyer can appear in court without you needing to personally attend.
