Winston Salem, NC asked in Insurance Defense and Traffic Tickets for North Carolina

Q: Received citation for "No Insurance" but I have insurance. Do I still have to pay citation? If not, how do I fight it?

So a couple of months ago when I was in a different state I had missed a payment on my auto insurance and it lapsed for a few weeks (I wasn't driving it at this time), and I quickly paid it when I returned. The problem is the DMV said I owed them a fine, and while I got the insurance taken care of I forgot to pay the DMV. A cop pulled me yesterday saying my tag was revoked due to "No Insurance" but I DO have insurance and have for over a month since fixing the lapse. I received a steep ticket for the 'supposed charge'. I paid the DMV $50 today and didn't have to get a new tag or anything. So I'm just trying to figure out how to fight this citation charge for "No Insurance" when I have proof I was insured. I'm not a lawyer, and if there is a way to fight this without going to court or having to pay that would be preferred. If not, how do I present my case? All I know is that I didn't do anything wrong other than forgetting to pay the DMV fine, because I am insured. Please help.

1 Lawyer Answer
Amanda Bowden Johnson
Amanda Bowden Johnson
PREMIUM
Answered
  • Traffic Tickets Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: When you allowed the lapse to happen, DMV decided to slap your hand as a reminder not to do that by charging you a fee.

When you forgot to pay the DMV fee, DMV decided to spank you a bit harder and suspended your tag. Because the fee and subsequent suspension were due to a lapse in insurance, the charge of no insurance is proper even though you may have fixed the lapse prior to getting the ticket So you are absolutely right - you didn't do anything wrong other than forgetting to pay the DMV fee (and of course allowing the lapse to happen). You admit this yet you seem to not want to man up and accept responsibility for forgetting to pay the DMV fee. When you don't pay DMV, - bad things happen. You seem to think that because you fixed the lapse and eventually got around to paying the DMV fee (after you got a ticket mind you).that things should now be all good - that's just not how it works. So 'fighting this' is likely not your best tactic. What you ought to do is chalk this up as a life lesson in being more on top of your personal business and either hire a traffic attorney a nominal amount to handle this for you or go to Court yourself with a copy of your DMV receipt / reinstatement, apologize for your forgetfulness and politely ask for a dismissal.

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