I got pulled over for having expired tags and no proof of insurance, will lose my license?
I now have insurance and legal tags. This is my first offense. I go to court tomorrow.
You should hire a lawyer to help you but, being that it is a first offense and that you corrected the problem the court should drop the charges.
KS law mandates that every automobile insurance policy sold in the state must have these minimum coverages:
- Liability Coverages of 25/50/10
- Personal injury protection (PIP of No Fault) of: $4,500/person for medical, $900/month for 1 year for disability/loss of income, $25/day for in-home services, $2000 for funeral expenses and $4,500 for rehabilitation expenses.
- Uninsured/Underinsured Motorist of $25,000/person and $50,000/accident.
According to Kansas statute 40-3104 a first time offender found driving without insurance must pay fines between $300 to $1000 in addition to losing their driver's licenses and vehicle plates, both of which can be reinstated through payment of a fee and proof of insurance coverage.
Kansas Statute 40-3104 discusses the fact that motor vehicle liability coverage is required. Part (a) states every owner shall provide motor vehicle liability insurance coverage in accordance with the provisions of this act for every motor vehicle owned by such person.
Section (d) notes that any person operating a motor vehicle upon a highway or upon property open to use by the public shall display, upon demand, evidence of financial security to a law enforcement officer. The law enforcement officer shall issue a citation to any person who fails to display evidence of financial security upon such demand. The law enforcement officer shall attach a copy of the insurance verification form prescribed by the secretary of revenue to the copy of the citation forwarded to the court.
Subsection (g)(1) states that any person violating any provision of this section shall be guilty of a class B misdemeanor and shall be subject to a fine of not less than $300 nor more than $1,000 or confinement in the county jail for a term of not more than six months, or both such fine and confinement.
It goes on in subsection (g)(2) to say any person convicted of violating any provision of this section within three years of any such prior conviction shall be guilty of a class A misdemeanor and shall be subject to a fine of not less than $800 nor more than $2,500.
In addition you may lose your driver's license and vehicle registration, both of which can be reinstated through payment of a fee and proof of insurance coverage. If you were in an accident while uninsured more penalties may apply which you can read about by going to the Kansas Statute listed above.
The law for driving without insurance is the same throughout Kansas.
According to the Uniform Fine Schedule for Kansas it is a misdemeanor to drive a car that has a registration violation (expired registration/license plates is including as this type of violation) under Kansas Statutes (KSA) Chapter 8 Section 142. Here it states that:
It shall be unlawful for any person to commit any of the following acts and except as otherwise provided, violation is subject to penalties provided in K.S.A. 8-149, and amendments thereto:
First: To operate, or for the owner thereof knowingly to permit the operation, upon a highway of any vehicle, as defined in K.S.A. 8-126, and amendments thereto, which is not registered, or for which a certificate of title has not been issued or which does not have attached thereto and displayed thereon the license plate or plates assigned thereto by the division for the current registration year, including any registration decal required to be affixed to any such license plate pursuant to K.S.A. 8-134, and amendments thereto, subject to the exemptions allowed in K.S.A. 8-135, 8-198 and 8-1751a, and amendments thereto. A violation of this First by a person unlawfully claiming that a motor vehicle is exempt from registration as a self-propelled crane under subsection (b) of K.S.A. 8-128, and amendments thereto, shall constitute an unclassified misdemeanor punishable by a fine of not less than $500.
KSA 8-149 states that it shall be unlawful and constitute a misdemeanor, punishable by a fine not exceeding $2,500, or by imprisonment in the county jail for not less than 30 days nor more than six months, or both such fine and imprisonment, for any person to violate any of the provisions of K.S.A. 8-126 et seq. and amendments thereto, unless a different penalty is by this act otherwise prescribed.
While these sections mention some bigger fines the one listed on the fine schedule for expired registration or driving without registration is $135. So it is likely just a fine you will be receiving for the expired registration. Whether you are in the state where your vehicle is registered or driving out of state your car should have up to date registration and license plates on it so you are not stopped and cited by law enforcement for this offense.
Again, since you have corrected the problem you should be able to get this matter dropped.