A.R.S. 28-4135: driving without insurance in Arizona

Arizona's no-insurance law is civil, not criminal: $500 and three months for a first violation. A valid card gets it dismissed, a six-month policy can get it waived, and a third in 36 months means an SR-22.

What section 28-4135 requires

Arizona's compulsory insurance rule is A.R.S. section 28-4135. A motor vehicle operated on a highway in Arizona must be covered by a liability policy at the limits in section 28-4009, an alternate method under 28-4076, a certificate of self-insurance, or a policy meeting the article 2 requirements. The driver must have evidence of current coverage in the vehicle, and it may be shown on a phone without consenting to a search of anything else on it.

What counts as evidence

Section 28-4131 lists it: a current policy, binder or certificate, a self-insurance certificate, a certificate of deposit, or an insurer-issued identification card. Insurers must issue at least two cards per policy, and the card states that it satisfies the requirement whether shown on paper or a phone.

Two violations, one penalty

Subsection A is not having coverage; subsection B is not having evidence of it in the vehicle; subsection C makes failing to produce evidence on an officer's request a civil traffic violation. A person can be charged under A, B or both, but “only one penalty shall be imposed” for the same series of acts. Officers first check the department's computer system for a cancellation or non-renewal on the vehicle, and that record alone is sufficient cause to charge.

The penalties in subsection E

• First violation: a minimum civil penalty of $500, and a three-month suspension — or a restricted privilege, which the department will not issue until it verifies the person now has coverage.
• Second within 36 months: a minimum $750, and six months' suspension of the license and of the registration and plates of the vehicle involved.
• Third or more within 36 months: a minimum $1,000, a one-year suspension of license, registration and plates, and proof of financial responsibility — the SR-22 — required on reinstatement.

These are civil penalties, not criminal fines. Suspensions under 28-4135 are in addition to any the department imposes, though the court may run them concurrently.

Getting it dismissed, reduced or waived

Dismissal: coverage at the time

A citation under subsection B or C “shall be dismissed” if the person shows the court, by the date on the citation, that the vehicle met the requirement when the citation was issued — or that a policy insured the person and the vehicle they were driving at the time, even if the vehicle was not named on it.

Reduction or waiver: a six-month policy

Even without coverage at the time, the court “may reduce or waive the penalty” if the person has no violation in the past 24 months (or not more than one in 36) and has bought a six-month policy meeting section 28-4009. It is the provision that rewards fixing the problem before the hearing.

After the suspension: proof and two fees

On a first violation within 36 months the court may order the license surrendered; on a second it must. When the suspension period ends, registration and plates stay suspended until the owner provides proof of financial responsibility and pays $25, and the license stays suspended until the person provides proof and pays $10. A restricted license for work and school travel is available once proof is filed. Displaying a suspended plate is a separate civil penalty of at least $250.

Suspensions without a ticket

Cancellations

Insurers report cancellations, non-renewals and new policies to the department within seven days. On a cancellation the department mails a notice of intent; if the owner does not show coverage within 15 days, plate and registration are suspended — and voided if the owner later shows coverage was in effect before the suspension date.

Accidents

For a vehicle in an accident the department may verify coverage with the insurer. On a denial it gives the owner 30 days to show the vehicle was insured on the accident date; if not, license and registration are suspended “for a minimum of one year” and return only on proof of financial responsibility and the $10 and $25 fees.

Where this leaves you

A first 28-4135 citation is usually a $500 question that a valid card, or a six-month policy, can answer. The third in 36 months is an SR-22. The Arizona SR-22 page covers the filing — 25/50/15 — and driving without insurance compares fourteen states.

Common questions