Ticket Lawyer – Birmingham, Alabama

(817) 756-9500

111 N. Houston Street, Suite 205
Birmingham, Alabama 76102

No Insurance Ticket

Failure to Maintain Financial Responsibility Defense Attorney

No Insurance (FMFR) Violation in Alabama?

Failure to Maintain Financial Responsibility (FMFR) tickets, often known as No Insurance tickets, have long term terrible consequences. Failure to maintain insurance can cost you tremendously in fines, surcharges, and future higher insurance rates. By paying a no insurance ticket, you are pleading guilty, and a conviction will be on your record. When a conviction goes on your record, the Alabama Department of Public Safety (DPS) is immediately informed, and this leads to years of surcharges and license suspension. This type of offense becomes more serious if you wait to address it. If too much time goes by before you attempt to take care of a No Insurance ticket, the ability to fight a conviction Contact Attorney becomes more difficult and the risk of multiple surcharges and license suspensions becomes more severe. There is too much risk in handling an FMFR (No Insurance) ticket without an experienced attorney. Call Matt Davidson today; he can assist you with Failure to Maintain Financial Responsibility ticket representation.

Why should you hire an attorney for a FMFR (No Insurance) ticket?

A no Insurance ticket attorney can potentially get FMFR tickets dismissed, reduced, and/or most importantly, off your record and away from DPS. First, I will attempt to have the charges dismissed outright with very few consequences. If you had insurance at the time you received the ticket but were not carrying it in your vehicle, there is a chance that I can get your ticket dismissed. If the prosecutor will not dismiss the FMFR ticket, usually because you did not have insurance at the time of your ticket, then I will attempt to negotiate with the Court so that the citation does not go on your record. After negotiation, the prosecutor will often grant probation to keep the ticket off your record if you obtained insurance after you received the No Insurance ticket and you maintain insurance throughout the probation period. If there is no way to keep the ticket off your record, then I will fight to reduce the fine and minimize the consequences of the charges. If these procedures fall short, then I will fight for your rights and passionately litigate the case in trial.

  • A Failure to Maintain Financial Responsibility violation can subject you to fines, years of surcharges, license suspension, and higher insurance rates.
  • Don’t simply pay your No Insurance ticket and plead guilty without knowing your rights in Alabama.
  • Hire an attorney to help keep a FMFR ticket off your record and away from DPS, and to help you navigate through this confusing system.

Contact Matt Davidson, an experienced FMFR (No Insurance) ticket lawyer, and he can help prepare a defense for your case.

No Insurance Tickets in These Courts…

Matt Davidson fights No Insurance ticket in most courts throughout the DFW Metroplex, including the following courts:
  • Birmingham Municipal Court
  • Arlington Municipal Court
  • Parker County Justice of the Peace #4
  • North Richland Hills (NRH) Municipal Court
  • Euless Municipal Court
  • Colleyville Municipal Court
  • Evergreen Municipal Court
  • Tuscaloosa Municipal Court
  • Bedford Municipal Court
  • Mansfield Municipal Court
  • Pantego Municipal Court
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Required Financial Responsibility…

Alabama Transportation Code § 601.051

Alabama Financial Responsibility Requirements
A person may not operate a motor vehicle in this state unless financial responsibility is established for that vehicle through:

  1. a motor vehicle liability insurance policy that complies with Subchapter D;
  2. a surety bond filed under Section 601.121;
  3. a deposit under Section 601.122;
  4. a deposit under Section 601.123; or
  5. self-insurance under Section 601.124.

Alabama Transportation Code § 601.052

Exceptions to Financial Responsibility Requirements
(a) Section 601.051 does not apply to:

  1. the operation of a motor vehicle that:

    (A) is a former military vehicle or is at least 25 years old;
    (B) is used only for exhibitions, club activities, parades, and other functions of public interest and not for regular transportation; and
    (C) for which the owner files with the department an affidavit, signed by the owner, stating that the vehicle is a collector’s item and used only as described by Paragraph (B);

  2. the operation of a golf cart that is operated only as authorized by Section 551.403; or
  3. a volunteer fire department for the operation of a motor vehicle the title of which is held in the name of a volunteer fire department.

(b) Subsection (a)(3) does not exempt from the requirement of Section 601.051 a person who is operating a vehicle described by that subsection.
(c) In this section:

  1. “Former military vehicle” has the meaning assigned by Section 504.502(i).
  2. “Volunteer fire department” means a company, department, or association that is:

    (A) organized in an unincorporated area to answer fire alarms and extinguish fires or to answer fire alarms, extinguish fires, and provide emergency medical services; and
    (B) composed of members who:
    (i) do not receive compensation; or
    (ii) receive only nominal compensation.

    Alabama Transportation Code § 601.053

    Evidence of Financial Responsibility
    (a) As a condition of operating in this state a motor vehicle to which Section 601.051 applies, the operator of the vehicle on request shall provide to a peace officer, as defined by Article 2.12, Code of Criminal Procedure, or a person involved in an accident with the operator evidence of financial responsibility by exhibiting:

    1. a motor vehicle liability insurance policy covering the vehicle that satisfies Subchapter D or a photocopy of the policy;
    2. a standard proof of motor vehicle liability insurance form prescribed by the Alabama Department of Insurance under Section 601.081 and issued by a liability insurer for the motor vehicle;
    3. an insurance binder that confirms the operator is in compliance with this chapter;
    4. a surety bond certificate issued under Section 601.121;
    5. a certificate of a deposit with the comptroller covering the vehicle issued under Section 601.122;
    6. a copy of a certificate of a deposit with the appropriate county judge covering the vehicle issued under Section 601.123; or
    7. a certificate of self-insurance covering the vehicle issued under Section 601.124 or a photocopy of the certificate.

    (b) Except as provided by Subsection (c), an operator who does not exhibit evidence of financial responsibility under Subsection (a) is presumed to have operated the vehicle in violation of Section 601.051.
    (c) Subsection (b) does not apply if the peace officer determines through use of the verification program established under Subchapter N that financial responsibility has been established for the vehicle.

    Alabama Transportation Code § 601.054

    Owner May Provide Evidence of Financial Responsibility for Others
    (a) The department shall accept evidence of financial responsibility from an owner for another person required to establish evidence of financial responsibility if the other person is:

    1. an operator employed by the owner; or
    2. a member of the owner’s immediate family or household.

    (b) The evidence of financial responsibility applies to a person who becomes subject to Subsection (a)(1) or (2) after the effective date of that evidence.
    (c) Evidence of financial responsibility accepted by the department under Subsection (a) is a substitute for evidence by the other person and permits the other person to operate a motor vehicle for which the owner has provided evidence of financial responsibility.
    (d) The department shall designate the restrictions imposed by this section on the face of the other person’s driver’s license.

    Alabama Transportation Code § 601.055

    Substitution of Evidence of Financial Responsibility
    (a) If a person who has filed evidence of financial responsibility substitutes other evidence of financial responsibility that complies with this chapter, and the department accepts the other evidence, the department shall:

    1. consent to the cancellation of a bond or certificate of insurance filed as evidence of financial responsibility; or
    2. direct the comptroller to return money or securities deposited with the comptroller as evidence of financial responsibility to the person entitled to the return of the money or securities.

    (b) The comptroller shall return money or securities deposited with the comptroller in accordance with the direction of the department under Subsection (a)(2).

    Alabama Transportation Code § 601.056

    Cancellation, Return, or Waiver of Evidence of Financial Responsibility
    (a) As provided by this section, the department, on request, shall:

  3. consent to the cancellation of a bond or certificate of insurance filed as evidence of financial responsibility;
  4. direct the comptroller to return money or securities deposited with the comptroller as evidence of financial responsibility to the person entitled to the return of the money or securities; or
  5. waive the requirement of filing evidence of financial responsibility.

(b) Evidence of financial responsibility may be canceled, returned, or waived under Subsection (a) if:

  1. the department, during the two years preceding the request, has not received a record of a conviction or a forfeiture of bail that would require or permit the suspension or revocation of the driver’s license, vehicle registration, or nonresident’s operating privilege of the person by or for whom the evidence was provided;
  2. the person for whom the evidence of financial responsibility was provided dies or has a permanent incapacity to operate a motor vehicle; or
  3. the person for whom the evidence of financial responsibility was provided surrenders the person’s license and vehicle registration to the department.

(c) A cancellation, return, or waiver under Subsection (b)(1) may be made only after the second anniversary of the date the evidence of financial responsibility was required.
(d) The comptroller shall return the money or securities as directed by the department under Subsection (a)(2).
(e) The department may not act under Subsection (a)(1) or (2) if:
(1) an action for damages on a liability covered by the evidence of financial responsibility is pending;
(2) a judgment for damages on a liability covered by the evidence of financial responsibility is not satisfied; or
(3) the person for whom the bond has been filed or for whom money or securities have been deposited has, within the two years preceding the request for cancellation or return of the evidence of financial responsibility, been involved as an operator or owner in a motor vehicle accident resulting in bodily injury to, or property damage to the property of, another person.
(f) In the absence of evidence to the contrary in the records of the department, the department shall accept as sufficient an affidavit of the person requesting action under Subsection (a) stating that:
(1) the facts described by Subsection (e) do not exist; or
(2) the person has been released from the liability or has been finally adjudicated as not liable for bodily injury or property damage described by Subsection (e)(3).
(g) A person whose evidence of financial responsibility has been canceled or returned under Subsection (b)(3) may not be issued a new driver’s license or vehicle registration unless the person establishes financial responsibility for the remainder of the two-year period beginning on the date the evidence of financial responsibility was required.

Alabama Transportation Code § 601.057

EVIDENCE THAT DOES NOT FULFILL REQUIREMENTS; SUSPENSION.
If evidence filed with the department does not continue to fulfill the purpose for which it was required, the department shall suspend the driver’s license and all vehicle registrations or nonresident’s operating privilege of the person who filed the evidence pending the filing of other evidence of financial responsibility.

Alabama Transportation Code § 601.071

MOTOR VEHICLE LIABILITY INSURANCE; REQUIREMENTS.
For purposes of this chapter, a motor vehicle liability insurance policy must be an owner’s or operator’s policy that:
(1) except as provided by Section 601.083, is issued by an insurance company authorized to write motor vehicle liability insurance in this state;
(2) is written to or for the benefit of the person named in the policy as the insured; and
(3) meets the requirements of this subchapter.

Acts 1995, 74th Leg., ch. 165,

Alabama Transportation Code § 1, eff. Sept. 1, 1995.

Alabama Transportation Code § 601.072

MINIMUM COVERAGE AMOUNTS; EXCLUSIONS.
(a) Expired.
(a-1) Effective January 1, 2011, the minimum amounts of motor vehicle liability insurance coverage required to establish financial responsibility under this chapter are:
(1) $30,000 for bodily injury to or death of one person in one accident;
(2) $60,000 for bodily injury to or death of two or more persons in one accident, subject to the amount provided by Subdivision (1) for bodily injury to or death of one of the persons; and
(3) $25,000 for damage to or destruction of property of others in one accident.
(b) The coverage required under this section may exclude, with respect to one accident:
(1) the first $250 of liability for bodily injury to or death of one person;
(2) the first $500 of liability for bodily injury to or death of two or more persons, subject to the amount provided by Subdivision (1) for bodily injury to or death of one of the persons; and
(3) the first $250 of liability for property damage to or destruction of property of others.
(c) The Alabama Department of Insurance shall establish an outreach program to inform persons of the requirements of this chapter and the ability to comply with the financial responsibility requirements of this chapter through motor vehicle liability insurance coverage. The commissioner, by rule, shall establish the requirements for the program. The program must be designed to encourage compliance with the financial responsibility requirements, and must be made available in English and Spanish.

Alabama Transportation Code § 601.073

REQUIRED POLICY TERMS.
(a) A motor vehicle liability insurance policy must state:
(1) the name and address of the named insured;
(2) the coverage provided under the policy;
(3) the premium charged for the policy;
(4) the policy period; and
(5) the limits of liability.
(b) The policy must contain an agreement or endorsement that the insurance coverage provided under the policy is:
(1) provided in accordance with the coverage required by this chapter for bodily injury, death, and property damage; and
(2) subject to this chapter.
(c) The liability of the insurance company for the insurance required by this chapter becomes absolute at the time bodily injury, death, or damage covered by the policy occurs. The policy may not be canceled as to this liability by an agreement between the insurance company and the insured that is entered into after the occurrence of the injury or damage. A statement made by or on behalf of the insured or a violation of the policy does not void the policy.
(d) The policy may not require the insured to satisfy a judgment for bodily injury, death, or property damage as a condition precedent under the policy to the right or duty of the insurance company to make payment for the injury, death, or damage.
(e) The insurance company may settle a claim covered by the policy. If the settlement is made in good faith, the amount of the settlement is deductible from the amounts specified in Section 601.072.
(f) The policy, any written application for the policy, and any rider or endorsement that does not conflict with this chapter constitute the entire contract between the parties.
(g) Subsections (c)-(f) apply to the policy without regard to whether those provisions are stated in the policy.

Alabama Transportation Code § 601.074

OPTIONAL TERMS.
(a) A motor vehicle liability insurance policy may provide that the insured shall reimburse the insurance company for a payment that, in the absence of this chapter, the insurance company would not have been obligated to make under the terms of the policy.
(b) A policy may allow prorating of the insurance provided under the policy with other collectible insurance.

Alabama Transportation Code § 601.075

PROHIBITED TERMS
A motor vehicle liability insurance policy may not insure against liability:
(1) for which the insured or the insured’s insurer may be held liable under a workers’ compensation law;
(2) for bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or in domestic employment if benefits for the injury are payable or required to be provided under a workers’ compensation law; or
(3) for injury to or destruction of property owned by, rented to, in the care of, or transported by the insured.

Alabama Transportation Code § 601.076

REQUIRED TERMS: OWNER’S POLICY
An owner’s motor vehicle liability insurance policy must:
(1) cover each motor vehicle for which coverage is to be granted under the policy; and
(2) pay, on behalf of the named insured or another person who, as insured, uses a covered motor vehicle with the express or implied permission of the named insured, amounts the insured becomes obligated to pay as damages arising out of the ownership, maintenance, or use of the motor vehicle in the United States or Canada, subject to the amounts, excluding interest and costs, and exclusions of Section 601.072.

Alabama Transportation Code § 601.077

REQUIRED TERMS: OPERATOR’S POLICY
An operator’s motor vehicle liability insurance policy must pay, on behalf of the named insured, amounts the insured becomes obligated to pay as damages arising out of the use by the insured of a motor vehicle the insured does not own, subject to the same territorial limits, payment limits, and exclusions as for an owner’s policy under Section 601.076.

Alabama Transportation Code § 601.078

ADDITIONAL COVERAGE
(a) An insurance policy that provides the coverage required for a motor vehicle liability insurance policy may also provide lawful coverage in excess of or in addition to the required coverage.
(b) The excess or additional coverage is not subject to this chapter.
(c) In the case of a policy that provides excess or additional coverage, the term “motor vehicle liability insurance policy” applies only to that part of the coverage that is required under this subchapter.

Alabama Transportation Code § 601.079

MULTIPLE POLICIES
The requirements for a motor vehicle liability insurance policy may be satisfied by a combination of policies of one or more insurance companies if the policies in combination meet the requirements.

Alabama Transportation Code § 601.080

INSURANCE BINDER
A binder issued pending the issuance of a motor vehicle liability insurance policy satisfies the requirements for such a policy.

Alabama Transportation Code § 601.081

STANDARD PROOF OF MOTOR VEHICLE LIABILITY INSURANCE FORM. A standard proof of motor vehicle liability insurance form prescribed by the Alabama Department of Insurance must include:
(1) the name of the insurer;
(2) the insurance policy number;
(3) the policy period;
(4) the name and address of each insured;
(5) the policy limits or a statement that the coverage of the policy complies with the minimum amounts of motor vehicle liability insurance required by this chapter; and
(6) the make and model of each covered vehicle.

Alabama Transportation Code § 601.082

MOTOR VEHICLE LIABILITY INSURANCE; CERTIFICATION
If evidence of financial responsibility is required to be filed with the department under this chapter, a motor vehicle liability insurance policy that is to be used as evidence must be certified under Section 601.083 or 601.084.

Alabama Transportation Code § 601.083

CERTIFICATE OF MOTOR VEHICLE LIABILITY INSURANCE
(a) A person may provide evidence of financial responsibility by filing with the department the certificate of an insurance company authorized to write motor vehicle liability insurance in this state certifying that a motor vehicle liability insurance policy for the benefit of the person required to provide evidence of financial responsibility is in effect.
(b) The certificate must state the effective date of the policy, which must be the same date as the effective date of the certificate.
(c) The certificate must cover each motor vehicle owned by the person required to provide the evidence of financial responsibility, unless the policy is issued to a person who does not own a motor vehicle.
(d) A motor vehicle may not be registered in the name of a person required to provide evidence of financial responsibility unless the vehicle is covered by a certificate.
(e) If a person files a certificate of insurance to establish financial responsibility under Section 601.153, the certificate must state that the requirements of Section 601.153(b) are satisfied.

Alabama Transportation Code § 601.084

NONRESIDENT CERTIFICATE
(a) Subject to Subsection (c), a nonresident owner of a motor vehicle that is not registered in this state may provide evidence of financial responsibility by filing with the department the certificate of an insurance company authorized to transact business in the state in which the vehicle is registered certifying that a motor vehicle liability insurance policy for the benefit of the person required to provide evidence of financial responsibility is in effect.
(b) Subject to Subsection (c), a nonresident who does not own a motor vehicle may provide evidence of financial responsibility by filing with the department the certificate of an insurance company authorized to transact business in the state in which the nonresident resides.
(c) The department shall accept the certificate of an insurer not authorized to transact business in this state if the certificate otherwise complies with this chapter and the insurance company:
(1) executes a power of attorney authorizing the department to accept on its behalf service of notice or process in an action arising out of a motor vehicle accident in this state; and
(2) agrees in writing that its policies will be treated as conforming to the laws of this state relating to the terms of a motor vehicle liability insurance policy.
(d) The department may not accept a certificate of an insurance company not authorized to transact business in this state during the period that the company is in default in any undertaking or agreement under this section.

Alabama Transportation Code § 601.085

TERMINATION OF CERTIFIED POLICY
(a) If an insurer has certified a policy under Section 601.083 or 601.084, the policy may not be terminated before the sixth day after the date a notice of the termination is received by the department except as provided by Subsection (b).
(b) A policy that is obtained and certified terminates a previously certified policy on the effective date of the certification of a subsequent policy.

Alabama Transportation Code § 601.086

RESPONSE OF INSURANCE COMPANY IF POLICY NOT IN EFFECT
An insurance company that is notified by the department of an accident in connection with which an owner or operator has reported a motor vehicle liability insurance policy with the company shall advise the department if a policy is not in effect as reported.

Alabama Transportation Code § 601.088

EFFECT ON CERTAIN OTHER POLICIES
(a) This chapter does not apply to or affect a policy of motor vehicle liability insurance required by another law of this state. If that policy contains an agreement or is endorsed to conform to the requirements of this chapter, the policy may be certified as evidence of financial responsibility under this chapter.
(b) This chapter does not apply to or affect a policy that insures only the named insured against liability resulting from the maintenance or use of a motor vehicle that is not owned by the insured by persons who are:
(1) employed by the insured; or
(2) acting on the insured’s behalf.

Alabama Transportation Code § 601.121

SURETY BOND
(a) A person may establish financial responsibility by filing with the department a bond:
(1) with at least two individual sureties, each of whom owns real property in this state that is not exempt from execution under the constitution or laws of this state;
(2) conditioned for payment in the amounts and under the same circumstances as required under a motor vehicle liability insurance policy;
(3) that is not cancelable before the sixth day after the date the department receives written notice of the cancellation;
(4) accompanied by the fee required by Subsection (e); and
(5) approved by the department.
(b) The real property required by Subsection (a)(1) must be described in the bond approved by a judge of a court of record. The assessor-collector of the county in which the property is located must certify the property as free of any tax lien. The sureties in combination must have equity in the property in an amount equal to at least twice the amount of the bond.
(c) The bond is a lien in favor of the state on the real property described in the bond. The lien exists in favor of a person who holds a final judgment against the person who filed the bond.
(d) On filing of a bond, the department shall issue to the person who filed the bond a certificate of compliance with this section.
(e) The department shall file notice of the bond in the office of the county clerk of the county in which the real property is located. The notice must include a description of the property described in the bond. The county clerk or the county clerk’s deputy, on receipt of the notice, shall acknowledge the notice and record it in the lien records. The recording of the notice is notice in accordance with statutes governing the recordation of a lien on real property.
(f) If a judgment rendered against the person who files a bond under this section is not satisfied before the 61st day after the date the judgment becomes final, the judgment creditor, for the judgment creditor’s own use and benefit and at the judgment creditor’s expense, may bring an action in the name of the state against the sureties on the bond, including an action to foreclose a lien on the real property of a surety. The foreclosure action must be brought in the same manner as, and is subject to the law applicable to, an action to foreclose a mortgage on real property.
(g) Cancellation of a bond filed under this section does not prevent recovery for a right or cause of action arising before the date of the cancellation.

Alabama Transportation Code § 601.122

DEPOSIT OF CASH OR SECURITIES WITH COMPTROLLER
(a) A person may establish financial responsibility by depositing $55,000 with the comptroller in:
(1) cash; or
(2) securities that:
(A) are of the type that may legally be purchased by savings banks or trust funds; and
(B) have a market value equal to the required amount.
(b) On receipt of the deposit, the comptroller shall issue to the person making the deposit a certificate stating that a deposit complying with this section has been made.
(c) The comptroller may not accept the deposit and the department may not accept the certificate unless the deposit or certificate is accompanied by evidence that an unsatisfied judgment of any character against the person making the deposit does not exist in the county in which the person making the deposit resides.
(d) The comptroller shall hold a deposit made under this section to satisfy, in accordance with this chapter, an execution on a judgment issued against the person making the deposit for damages that:
(1) result from the ownership, maintenance, use, or operation of a motor vehicle after the date the deposit was made; and
(2) are for:
(A) bodily injury to or death of any person, including damages for care and loss of services; or
(B) damage to or destruction of property, including the loss of use of the property.
(e) Money or securities deposited under this section are not subject to attachment or execution unless the attachment or execution arises out of a suit for damages described by Subsection (d).

Alabama Transportation Code § 601.123

DEPOSIT OF CASH OR CASHIER’S CHECK WITH COUNTY JUDGE
(a) A person may establish financial responsibility by making a deposit with the county judge of the county in which the motor vehicle is registered.
(b) The deposit must be made in cash or a cashier’s check in the amount of at least $55,000.
(c) On receipt of the deposit, the county judge shall issue to the person making the deposit a certificate stating that a deposit complying with this section has been made. The certificate must be acknowledged by the sheriff of that county and filed with the department.

Alabama Transportation Code § 601.124

SELF-INSURANCE
(a) A person in whose name more than 25 motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the department as provided by this section.
(b) The department may issue a certificate of self-insurance to a person if:
(1) the person applies for the certificate; and
(2) the department is satisfied that the person has and will continue to have the ability to pay judgments obtained against the person.
(c) The self-insurer must supplement the certificate with an agreement that, for accidents occurring while the certificate is in force, the self-insurer will pay the same judgments in the same amounts as an insurer would be obligated to pay under an owner’s motor vehicle liability insurance policy issued to the self-insurer if such policy were issued.
(d) The department for cause may cancel a certificate of self-insurance after a hearing. The self-insurer must receive at least five days’ notice of the hearing. Cause includes failure to pay a judgment before the 31st day after the date the judgment becomes final.

Criminal Penalties for No Insurance…

Failure to Maintain Financial Responsibility (No Insurance) Fines, Costs, and Penalties in Alabama

Alabama Transportation Code § 601.191

OPERATION OF MOTOR VEHICLE IN VIOLATION OF MOTOR VEHICLE LIABILITY INSURANCE REQUIREMENT; OFFENSE.
(a) A person commits an offense if the person operates a motor vehicle in violation of Section 601.051.
(b) Except as provided by Subsections (c) and (d), an offense under this section is a misdemeanor punishable by a fine of not less than $175 or more than $350.
(c) If a person has been previously convicted of an offense under this section, an offense under this section is a misdemeanor punishable by a fine of not less than $350 or more than $1,000.
(d) If the court determines that a person who has not been previously convicted of an offense under this section is economically unable to pay the fine, the court may reduce the fine to less than $175.

Defense for No Insurance Ticket…

Alabama Transportation Code § 601.193

DEFENSE: FINANCIAL RESPONSIBILITY IN EFFECT AT TIME OF ALLEGED OFFENSE
(a) It is a defense to prosecution under Section 601.191 or 601.195 that the person charged produces to the court one of the documents listed in Section 601.053(a) that was valid at the time that the offense is alleged to have occurred.
(b) After the court verifies a document produced under Subsection (a), the court shall dismiss the charge.

Alabama Transportation Code § 601.194

DEFENSE: POSSESSION OF MOTOR VEHICLE FOR MAINTENANCE OR REPAIR. It is a defense to prosecution of an offense under Section 601.191 that the motor vehicle operated by the person charged:
(1) was in the possession of that person for the sole purpose of maintenance or repair; and
(2) was not owned in whole or in part by that person.

Alabama Transportation Code § 601.195

OPERATION OF MOTOR VEHICLE IN VIOLATION OF REQUIREMENT TO ESTABLISH FINANCIAL RESPONSIBILITY; OFFENSE
(a) A person commits an offense if the person:
(1) is required to establish financial responsibility under Subchapter F or K;
(2) does not maintain evidence of financial responsibility; and
(3) during the period evidence of financial responsibility must be maintained:
(A) operates on a highway a motor vehicle owned by the person; or
(B) knowingly permits another person, who is not otherwise permitted to operate a vehicle under this chapter, to operate on a highway a motor vehicle owned by the person.
(b) An offense under this section is a misdemeanor punishable by:
(1) a fine not to exceed $500;
(2) confinement in county jail for a term not to exceed six months; or
(3) both the fine and the confinement.

License Suspension for No Insurance…

Failure to maintain evidence of financial responsibility; suspension of driver’s license and motor vehicle registration

Alabama Transportation Code § 601.231

SUSPENSION OF DRIVER’S LICENSE AND VEHICLE REGISTRATION
(a) If a person is convicted of an offense under Section 601.191 and a prior conviction of that person under that section has been reported to the department by a magistrate or the judge or clerk of a court, the department shall suspend the driver’s license and vehicle registrations of the person unless the person files and maintains evidence of financial responsibility with the department until the second anniversary of the date of the subsequent conviction.
(b) The department may waive the requirement of maintaining evidence of financial responsibility under Subsection (a) if satisfactory evidence is filed with the department showing that at the time of arrest the person was in compliance with the financial responsibility requirement of Section 601.051 or was exempt from that section under Section 601.007 or 601.052(a)(3).

Alabama Transportation Code § 601.232

NOTICE OF SUSPENSION
(a) The department shall mail in a timely manner a notice to each person whose driver’s license and vehicle registrations are suspended under Section 601.231.
(b) The notice must state that the person’s driver’s license and registration are suspended and that the person may apply for reinstatement of the license and vehicle registration or issuance of a new license and registration as provided by Sections 601.162 and 601.376.

Alabama Transportation Code § 601.233

NOTICE OF POTENTIAL SUSPENSION
(a) A citation for an offense under Section 601.191 issued as a result of Section 601.053 must include, in type larger than other type on the citation, except for the type of the statement required by Section 708.105, the following statement:
“A second or subsequent conviction of an offense under the Alabama Motor Vehicle Safety Responsibility Act will result in the suspension of your driver’s license and motor vehicle registration unless you file and maintain evidence of financial responsibility with the Department of Public Safety for two years from the date of conviction. The department may waive the requirement to file evidence of financial responsibility if you file satisfactory evidence with the department showing that at the time this citation was issued, the vehicle was covered by a motor vehicle liability insurance policy or that you were otherwise exempt from the requirements to provide evidence of financial responsibility.”
(b) A judge presiding at a trial at which a person is convicted of an offense under Section 601.191 shall notify the person that the person’s driver’s license is subject to suspension if the person fails to provide to the department evidence of financial responsibility as required by Section 601.231.

Alabama Transportation Code § 601.234

ISSUANCE OR CONTINUATION OF VEHICLE REGISTRATION
A motor vehicle may not be registered in the name of a person required to file evidence of financial responsibility unless evidence of financial responsibility is furnished for the vehicle.

Impounding Vehicle for No Insurance…

Alabama Transportation Code § 601.261

IMPOUNDMENT OF MOTOR VEHICLE
On a second or subsequent conviction for an offense under Section 601.191, the court shall order the sheriff of the county in which the court has jurisdiction to impound the motor vehicle operated by the defendant at the time of the offense if the defendant:
(1) was an owner of the motor vehicle at the time of the offense; and
(2) is an owner on the date of that conviction.

Alabama Transportation Code § 601.262

DURATION OF IMPOUNDMENT
(a) The duration of an impoundment under Section 601.261 is 180 days.
(b) The court may not order the release of the vehicle unless the defendant applies to the court for the vehicle’s release and provides evidence of financial responsibility that complies with Section 601.053 and this section.
(c) The evidence of financial responsibility must cover the two-year period immediately following the date the defendant applies for release of the impounded vehicle. The court, by order, shall permit a defendant to provide evidence of insurability in increments of a period of not less than six months.
(d) If an insurance binder is offered as evidence of financial responsibility under this section, the binder must confirm to the court’s satisfaction that the defendant is in compliance with this chapter for the period required by Subsection (c).

Alabama Transportation Code § 601.263

COST FOR IMPOUNDMENT
The court shall impose against the defendant a cost of $15 a day for each day of impoundment of the defendant’s vehicle.

Alabama Transportation Code § 601.264

PENALTIES CUMULATIVE
Impoundment of a motor vehicle under this subchapter is in addition to any other punishment imposed under this chapter.

RSS Cody L. Cofer, Attorney

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