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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Traffic Law
Satisfied Customers: 4397
Experience:  10 years of legal experience, including traffic law
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I got a ticket a friends car with no insurance. this

Customer Question

i got a ticket for driving a friends car with no insurance. this happened in Overland Park KS
i was wondering what my options are. Thank you
Submitted: 8 months ago.
Category: Traffic Law
Expert:  Hammer O'Justice replied 8 months ago.

Hello.

I would recommend getting a lawyer if you are able. The charge is a Class B misdemeanor punishable by a fine of $300 to $1000 and/or 6 months in jail. It is pretty unlikely that you would actually get jail time for this charge unless you have a bad record, but you don't want to end up with a misdemeanor conviction on your record if you can avoid it. If you can't afford an attorney you may be eligible for the public defender. Since your court date is coming up soon, you will want to get a lawyer sooner rather than later.

Luckily, you have a pretty good defense to this charge. The law prohibits someone from knowingly driving a car without insurance:

http://kslegislature.org/li_2012/b2011_12/statute/040_000_0000_chapter/040_031_0000_article/040_031_0004_section/040_031_0004_k/

The key word for you is knowingly, because I'm guessing that since it was your friend's car, you did not know that the car was uninsured. An attorney can try to talk to the prosecutor about possibly getting the charge dismissed because it was not your car. If that is unsuccessful, the attorney can represent you at trial where you can simply testify that you did not know about the car being uninsured. The prosecutor won't be able to prove that you knew since it wasn't your car, so you should be able to successfully defend this at trial.