CRS 42-4-1409 is the Colorado statute that makes it a crime for a motorist to operate a motor vehicle without insurance. A violation of this law is a class 1 misdemeanor traffic offense that is punishable by a minimum fine of $500.
42-4-1409 states states that “no person shall operate a motor vehicle or low-power scooter on the public highways of this state without a complying policy or certificate of self-insurance in full force and effect as required by law.”
Examples of unlawful acts
- driving a car without appropriate insurance in effect.
- operating a vehicle with no proof of insurance in the car.
- driving an auto with a canceled or outdated insurance policy.
Legal Defenses
Drivers can raise a legal defense to challenge any alleged violation of this law. A few common defenses include a person showing that:
- he/she has purchased insurance since the offense,
- he/she was not “operating” a vehicle, and/or
- an insurance policy was canceled without his/her knowledge.
Penalties
A violation of this section is a misdemeanor traffic offense. This is opposed to a:
The offense is punishable by:
- a minimum mandatory fine of five hundred dollars.
- four points on the offender’s driver’s license, and/or
- 40 hours of community service.
Our Colorado personal injury lawyers will highlight the following in this article:
- 1. What is a crime under CRS 42-4-1409?
- 2. Can a person raise a legal defense?
- 3. What are the penalties?
- 4. Can driving without insurance result in other charges?
- 5. Does a violation affect a personal injury lawsuit?
- 6. Are there laws related to this statute?
1. What is a crime under CRS 42-4-1409?
Colorado law makes it a crime for a person to operate a vehicle without auto insurance.1
Note that a person violates this offense by the simple failure to have insurance. A prosecutor does not have to prove that a police officer asked the driver for proof of insurance and the driver failed to comply.2
2. Can a person raise a legal defense?
Traffic lawyers can use several legal defenses to contest a violation of this law. A few common ones include showing that:
- the driver purchased insurance since the offense.
- the defendant was not “operating a vehicle” at the time of the offense.
- the accused’s insurance was canceled without his/her knowledge.
2.1 Subsequent purchase of insurance
A motorist can always raise the defense that he/she purchased automobile insurance since the date of the offense. Note, though, that such a showing does not excuse a person from violating this law. But the court may reduce a defendant’s sentence if he/she opened an insurance policy after a ticket.
2.2 Not operating the vehicle
Recall that it is only a crime under state law if a person:
- had no insurance, and
- was operating a vehicle.
This means it is a valid defense for an accused to show that he/she was not operating a car. Perhaps, for example, the person was merely sitting in the driver’s seat of an auto that was parked or not tuned on.
2.3 Insurance canceled
Defendants can try to challenge a charge by showing that they had a reasonable belief that they were insured. In reality, though, it might be that a policy was canceled without their knowledge.
3. What are the penalties?
The State of Colorado says a violation of this law is a class 1 misdemeanor traffic offense.3 Penalties include:
- a minimum fine of $500,
- four points on the offender’s driver’s license, and
- a possible forty hours of community service at the discretion of the court.4
Note that the court may suspend up to one half of any fine if an accused shows that he/she has purchased insurance since the date of the offense.5
Upon a second or subsequent conviction under this statute, a defendant can be punished with:
- custody in jail for up to one year, and/or
- a maximum fine of one thousand dollars.
4. Can driving without insurance result in other charges?
Driving without insurance can lead to other charges.
Peace officers can charge or arrest a person of a crime whenever they have probable cause to believe he/she committed an offense. This means that once police stop a person for violating this statute, they can charge him/her of any other crime (e.g., DUI) if they have probable cause that an offense was committed.
5. Does a violation affect a personal injury lawsuit?
A violation of these laws does not necessarily impact a personal injury lawsuit.
Some violations of Colorado law can result in a person being negligent in a personal injury suit. But a CRS 42-4-1409 violation does not produce this result.
6. Are there laws related to this statute?
There are three laws related to this statute. These are:
- driving without a license – CRS 42-2-101,
- driving under restraint – CRS 42-2-138, and
- permitting an unauthorized person to drive – CRS 42-2-140.
6.1 Driving without a license – CRS 42-2-101
CRS 42-2-101 is the Colorado statute that makes it a crime to drive a motor vehicle without a current, valid driver’s license or learner’s permit.
6.2 Driving under restraint – CRS 42-2-138
CRS 42-2-138 is the Colorado law that prohibits driving under restraint (DUR), which is driving with a revoked or suspended license.
6.3 Permitting an unauthorized person to drive – CRS 42-2-140
CRS 42-2-140 is the Colorado ordinance that makes it an offense for someone to allow an unauthorized person to drive a vehicle.
For additional help…
See our related article, Driving without Registration in Colorado – What is the Penalty?
Legal References:
- CRS 42-4-1409. The language of the statute reads as follows:
(1) No owner of a motor vehicle or low-power scooter required to be registered in this state shall operate the vehicle or permit it to be operated on the public highways of this state when the owner has failed to have a complying policy or certificate of self-insurance in full force and effect as required by law.
(2) No person shall operate a motor vehicle or low-power scooter on the public highways of this state without a complying policy or certificate of self-insurance in full force and effect as required by law.
(3)(a) When an accident occurs, or when requested to do so following any lawful traffic contact or during any traffic investigation by a peace officer, an owner or operator of a motor vehicle or low-power scooter shall present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law.
(b) As used in this section, “evidence of a complying policy or certificate of self-insurance in full force and effect” includes the presentation of such a policy or certificate upon a cell phone or other electronic device.
(4)(a) Any person who violates the provisions of subsection (1), (2), or (3) of this section commits a class 1 misdemeanor traffic offense. The minimum fine imposed by section 42-4-1701(3)(a)(II)(A) shall be mandatory, and the defendant shall be punished by a minimum mandatory fine of not less than five hundred dollars. The court may suspend up to one half of the fine upon a showing that appropriate insurance as required pursuant to section 10-4-619 or 10-4-624, C.R.S., has been obtained. Nothing in this paragraph (a) shall be construed to prevent the court from imposing a fine greater than the minimum mandatory fine.
(b) Upon a second or subsequent conviction under this section within a period of five years following a prior conviction under this section, in addition to any imprisonment imposed pursuant to section 42-4-1701(3)(a)(II)(A), the defendant shall be punished by a minimum mandatory fine of not less than one thousand dollars, and the court shall not suspend such minimum fine. The court or the court collections’ investigator may establish a payment schedule for a person convicted of the provisions of subsection (1), (2), or (3) of this section, and the provisions of section 16-11-101.6, C.R.S., shall apply. The court may suspend up to one half of the fine upon a showing that appropriate insurance as required pursuant to section 10-4-619 or 10-4-624, C.R.S., has been obtained.
(c) In addition to the penalties prescribed in paragraphs (a) and (b) of this subsection (4), any person convicted pursuant to this section may, at the discretion of the court, be sentenced to perform not less than forty hours of community service, subject to the provisions of section 18-1.3-507, C.R.S.
(5) Testimony of the failure of any owner or operator of a motor vehicle or low-power scooter to present immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law, when requested to do so by a peace officer, shall constitute prima facie evidence, at a trial concerning a violation charged under subsection (1) or (2) of this section, that such owner or operator of a motor vehicle violated subsection (1) or (2) of this section.
(6) A person charged with violating subsection (1), (2), or (3) of this section shall not be convicted if the person produces in court a bona fide complying policy or certificate of self-insurance that was in full force and effect as required by law at the time of the alleged violation. The court clerk’s office may dismiss the charge if it verifies that the person had a valid policy in effect at the time of the alleged violation using the uninsured motorist identification database created in section 42-7-602.
(7) Repealed by Laws 2014, Ch. 388, § 3, eff. July 1, 2014.
(8) Deleted by Laws 2003, Ch. 415, § 7, eff. July 1, 2003.
(8.5) If an operator of a motor vehicle or low-power scooter uses a cell phone or other electronic device to present evidence of a complying policy or certificate of self-insurance in full force and effect, as described in paragraph (b) of subsection (3) of this section:
(a) The law enforcement officer to whom the operator presents the device shall not explore the contents of the cell phone or other electronic device other than to examine the operator’s policy or certificate of self-insurance; and
(b) The law enforcement officer to whom the operator presents the device and any law enforcement agency that employs the officer are immune from any civil damages resulting from the officer dropping or otherwise unintentionally damaging the cell phone or other electronic device.
(9) It is the intent of the general assembly that the money collected as fines imposed pursuant to subsections (4)(a) and (4)(b) of this section are to be used for the supervision of the public highways. The general assembly determines that law enforcement agencies that patrol and maintain the public safety on public highways are supervising the public highways. The general assembly further determines that an authorized agent is supervising the public highways through his or her enforcement of the requirements for demonstration of proof of motor vehicle insurance pursuant to section 42-3-105(1)(d). Therefore, of the money collected from fines pursuant to subsections (4)(a) and (4)(b) of this section, fifty percent shall be transferred to the law enforcement agency that issued the ticket for a violation of this section. The remaining fifty percent of the money collected from fines for violations of subsection (4)(a) or (4)(b) of this section shall be transmitted to the authorized agent for the county in which the violation occurred.
- People v. Martinez (2007) 179 P.3d 23.
- CRS 42-4-1409.
- See same.
- CRS 42-4-1409(4)(a).