7.735 — DRIVING WITHOUT VALID INSURANCE WITHOUT KNOWLEDGE

Violations of "Statute 7.734" results in an Infraction and a fine of $1,00

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(a) Definitions

Driving without valid insurance with knowledge refers to the act of operating a vehicle without the required insurance coverage, where the driver is aware that their insurance is invalid, expired, or nonexistent.

(b) Elements

To establish the offense of driving without valid insurance with knowledge, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was operating a vehicle on a public road or highway.

• The defendant was aware that their vehicle insurance was not valid, expired, or nonexistent.

• The defendant intentionally or knowingly drove the vehicle despite the lack of valid insurance coverage.

(c) Defenses

Defenses against a charge of driving without valid insurance with knowledge may include:

• The defendant was not aware that their insurance had expired or was invalid, and the failure to maintain coverage was an honest mistake.

• The defendant was in the process of renewing or updating their insurance at the time of the offense.

• The defendant was operating a vehicle that was not required to be insured under specific laws (e.g., off-road vehicles).

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The defendant has a history of previous offenses related to driving without insurance.

• The defendant was involved in an accident or caused harm to others while driving without valid insurance.

• The defendant’s failure to maintain valid insurance was a result of intentional evasion of legal requirements.

• The defendant was operating a high-risk vehicle, such as a commercial vehicle, which typically requires higher levels of insurance coverage.