Uninsured Driver Defense Defense Lawyer Delaware
Uninsured Driving Defense Attorney Wilmington, Delaware
THE PENDULUM HAS SWUNG AGAINST THE DELAWARE CITIZEN!
Fact: The State of Delaware is financially broke (like every almost other state in the country). Until we as citizens understand this fact, we will not understand our shrinking civil and criminal rights; nor will we understand the increasing reach of the police in our private lives. You need to understand the money trail. You will never understand the no proof of insurance ticket the cop just gave you unless you understand the money trail.
There was a time when Delaware citizens received excellent value from automobile insurance companies, and indeed some still do. Insurance rates were fairly reasonable, and the companies paid claims promptly. However, over the last decade (at least!) insurance premiums have skyrocketed, especially for young people! Insurance companies are now some of the richest corporation in the world. They are making huge profits from automobile insurance polices.
As corporate partner, the overmatched State of Delaware government itself is now gouging its citizens with dramatically higher fines. It is quite clear that the legislature views the court system as a way to generate revenue. Consider this: Not too long ago, in the 1990's, the Delaware fines for no insurance would amount to no more than several hundred dollars. Back then, which was not too long ago, a first offense no insurance conviction carried a fine of $350. Here is the current Delaware insurance law, 21 Del. C. Section 2118 (s) as now amended:
Driving Without Insurance Penalties:
"Whoever violates any subsection of this section shall be fined for the first offense not less than $1,500 nor more than $2,000 and shall have that person's driving license and/or privileges suspended for 6 months. For each subsequent offense occurring within 3 years of a former offense, that person shall be fined not less than $3,000 nor more than $4,000 and shall have that person's driver's license and/or driving privilege suspended for 6 months. The minimum fine levied for a violation of subsection (a), (b) or (p) of this section shall not be subject to suspension or avoidance for any reason, including the securing of insurance between the time of arrest and sentencing, if the person subject to such fines has been in violation for a period of 30 or more consecutive days unless such person affirmatively proves that the insurer did not send notice to the named insured as required under subsection (l) of this section."
AS YOU CAN SEE, THE FIRST OFFENSE "FINE" HAS GONE UP ALMOST 500%. HAS YOUR INCOME IN THE LAST 15 YEARS GONE UP 500%? Do you think the Delaware legislature cares?
If a young person cannot afford car insurance, with an annual income of $15,000 or even $20, 000, how are they going to afford a $2,000 or $3,000 fine?, which does not even include the court costs and additional state taxes the court's now deceptively call "surcharges." Surcharges are small taxes the court's add to fines. They are rubber stamped out of the Dover legislature. Remember too, these huge fines are after tax dollars.
One can argue that the courts are no longer just a neutral and independent branch of government, but a way to generate revenue for the government, for its massive personnel machine, and for its increasing financial superstructure.
Get this: the fine itself with surcharges may be as much as 10% of a person's net annual income, and then remember, you still must go out and get car insurance, and typically the company may jack your rates up to the sky !!!
There is little question that Delaware judges genuinely care for the unfortunate motorists before them, so they try not to destroy them with these gigantic fines. But the Delaware judges do not pass the laws; unfortunately, they can only interpret the laws and rule upon laws passed by the Delaware legislature. Indeed, it is unethical for Delaware judges to even comment upon whether they personally believe the laws are fair.
Regardless of whether it is fair, if you are convicted for not having insurance, you will pay a huge price. You need to retain a private lawyer and fight for yourself. Fighting for yourself can make a difference, even if technically you are guilty of the crime. DO NOT GIVE UP OR GIVE IN! NEVER QUIT!
Mandatory License Suspension for No Insurance Convictions
Here is another relatively new penalty: as you can see, your license will be suspended for up to 6 months for a first offense conviction for no insurance. If you are driving somebody else's car and that car does not have insurance, you are guilty in the eyes of Delaware law. Your license will be suspended if convicted. If you have insurance for 10 years and let your premiums slip for even a day, you are guilty in the eyes of Delaware law. How are you going to get to work and keep your job without driving privileges? How are you going to support your family? How are you going to eat?
The most important thing of course, is to somehow obtain and keep car insurance. It is very difficult to manage if you do not have a job or do not make big money. Parents are being crushed by insurance charges for their young adult children. Still, the law doesn't care about excuses. You must have car insurance. There are many good and moral reasons to have car insurance. Insurance is a good thing as we all know. Still, here is the main point to take from all of this:
IF YOU ARE CHARGED WITH NO INSURANCE, you must at least consider fighting the case. Even if you are guilty. Not every case can be won, but my strong advice is to try to avoid a conviction at all costs. Trust me, many who try do. Do not do the prosecutor's job for him and simply pay the ticket. If you do not get a top lawyer, your odds of coming out on top are not good at all.
How A Delaware Driving Without Insurance Defense Attorney Can Help You!
If you have been charged with driving without insurance, or failure to show proof of insurance you should consult with a Delaware Traffic Violation Lawyer right away. Call The Law Office of Kevin P. O'Neill at 302 622 9500. Or, email Mr. O'Neill by clicking here.
Call A Delaware Traffic Ticket Defense Lawyer Today
Contact The Law Office of Kevin P. O'Neill at 302 622 9500. Or, reach him via email here.
The Law Office of Kevin P. O'Neill dutifully serves those charged with minor and major traffic offenses such as uninsured driving throughout all counties in 3 Delaware including New Castle County, Kent County & Sussex County. Within these counties Mr. O'Neill services all cities, towns & suburbs in Delaware including, but not limited to, Brandywine, Wilmington, Talleyville, Fairfax, Newark, New Castle, Stanton, Newport, Bear, Glasgow, St. Georges, Delaware City, Middletown, Smyrna, Dover, Milford, Millsboro, Milton, Seaford, Georgetown, Lewes, Rehoboth Beach, Dewey Beach, Bethany Beach & Fenwick Island.
