If your traffic ticket alleges a violation of 625 ILCS 5/3-707 of the Illinois Vehicle Code, you have been charged with the violation of operation of an uninsured vehicle. With a few exceptions, Illinois requires vehicles that are driven on public roadways to be covered by liability insurance policies.
Specifically, the law requires all motor vehicles registered or operated in Illinois to be covered by liability insurance for a minimum of $20,000.00 for the injury or death of one person in an accident, a minimum of $40,000.00 for the injury or death of more than one person in an accident, and for a minimum of $15,000.00 for the damage of property of another person in an accident.
Driving a vehicle without insurance is a “business offense.” If you are convicted of this violation, you will be fined in excess of $500.00 but not more than $1,000.00. Additionally, if you are convicted, your driver’s license will be suspended for 3 months and you will be required to pay a $100.00 reinstatement fee to get your license back. If you are caught violating the insurance requirement while your driver’s license is suspended for no insurance, your license will be suspended for an additional 6 months.
A third or subsequent conviction for driving without insurance will require you to file a proof of financial responsibility certificate ("SR-22 certificate") with the Office of the Illinois Secretary of State for a minimum of 3 years.
Driver's License Suspension for Conviction for No Insurance:
|Fine and Reinstatement Fee Imposed Upon Conviction for No Insurance||Length of Driver's License Suspension Imposed Upon Conviction for No Insurance|
|minimum fine in excess of $500 up to
$1,000; $100 reinstatement fee
|3 month driver's license suspension|
Convictions for driving uninsured vehicles carry penalties in addition to driver's license suspensions. If you are convicted, not only will your driver’s license be suspended, but the license plates of the vehicle you were driving also will be suspended. For the first violation, the license plates will remain suspended until the owner of the vehicle pays a $100.00 reinstatement fee and submits proof of insurance to the Secretary of State. For a second or subsequent violation within a 4 year period, the license plates will be suspended for 4 months and until the vehicle owner pays a $100 reinstatement fee and submits proof of insurance.
License Plate Suspension for Conviction for No Insurance:
for No Insurance
|Second or Subsequent Conviction
for No Insurance within 4 Years
|vehicle license plate suspended until $100 reinstatement fee paid and proof of insurance submitted||vehicle license plate suspended for 4 months and until $100 reinstatement fee paid and proof of insurance submitted|
Driving a vehicle with suspended license plates also is a “business offense.” If you are convicted of this violation, you will be fined between $1,000.00 and $2,000.00. If you are convicted of this violation a second or subsequent time, you will be sentenced as a class B misdemeanor offender.
(625 ILCS 5/3-707)
(from Ch. 95 1/2, par. 3-707) Sec. 3-707. Operation of uninsured motor vehicle penalty.
(a) No person shall operate a motor vehicle unless the motor vehicle is covered by a liability insurance policy in accordance with Section 7-601 of this Code.
(a-5) A person commits the offense of operation of uninsured motor vehicle causing bodily harm when the person:
(1) operates a motor vehicle in violation of Section 7-601 of this Code; and
(2) causes, as a proximate result of the person's operation of the motor vehicle, bodily harm to another person.
(a-6) Uninsured operation of a motor vehicle under subsection (a-5) is a Class A misdemeanor. If a person convicted of the offense of operation of a motor vehicle under subsection (a-5) has previously been convicted of 2 or more violations of subsection (a-5) of this Section or of Section 7-601 of this Code, a fine of $2,500, in addition to any sentence of incarceration, must be imposed.
(b) Any person who fails to comply with a request by a law enforcement officer for display of evidence of insurance, as required under Section 7-602 of this Code, shall be deemed to be operating an uninsured motor vehicle.
(c) Except as provided in subsections (a-6) and (c-5), any operator of a motor vehicle subject to registration under this Code who is convicted of violating this Section is guilty of a business offense and shall be required to pay a fine in excess of $500, but not more than $1,000, except a person convicted of a third or subsequent violation of this Section shall be required to pay a fine of $1,000. However, no person charged with violating this Section shall be convicted if such person produces in court satisfactory evidence that at the time of the arrest the motor vehicle was covered by a liability insurance policy in accordance with Section 7-601 of this Code. The chief judge of each circuit may designate an officer of the court to review the documentation demonstrating that at the time of arrest the motor vehicle was covered by a liability insurance policy in accordance with Section 7-601 of this Code.
(c-1) A person convicted of violating this Section shall also have his or her driver's license, permit, or privileges suspended for 3 months. After the expiration of the 3 months, the person's driver's license, permit, or privileges shall not be reinstated until he or she has paid a reinstatement fee of $100. If a person violates this Section while his or her driver's license, permit, or privileges are suspended under this subsection (c-1), his or her driver's license, permit, or privileges shall be suspended for an additional 6 months and until he or she pays the reinstatement fee.
(c-5) A person who (i) has not previously been convicted of or received a disposition of court supervision for violating this Section and (ii) produces at his or her court appearance satisfactory evidence that the motor vehicle is covered, as of the date of the court appearance, by a liability insurance policy in accordance with Section 7-601 of this Code shall, for a violation of this Section, other than a violation of subsection (a-5), pay a fine of $100 and receive a disposition of court supervision. The person must, on the date that the period of court supervision is scheduled to terminate, produce satisfactory evidence that the vehicle was covered by the required liability insurance policy during the entire period of court supervision.
An officer of the court designated under subsection (c) may also review liability insurance documentation under this subsection (c-5) to determine if the motor vehicle is, as of the date of the court appearance, covered by a liability insurance policy in accordance with Section 7-601 of this Code. The officer of the court shall also determine, on the date the period of court supervision is scheduled to terminate, whether the vehicle was covered by the required policy during the entire period of court supervision.
(d) A person convicted a third or subsequent time of violating this Section or a similar provision of a local ordinance must give proof to the Secretary of State of the person's financial responsibility as defined in Section 7-315. The person must maintain the proof in a manner satisfactory to the Secretary for a minimum period of 3 years after the date the proof is first filed. The Secretary must suspend the driver's license of any person determined by the Secretary not to have provided adequate proof of financial responsibility as required by this subsection.
(Source: P.A. 96-143, eff. 1-1-10; 97-407, eff. 1-1-12.)
*NOTE: Although every effort is made to include the law in its current state, no representation is made that the law as stated on this website is current. Legislative changes may occur before those changes are reflected on this website. Additionally, laws and legal precedent other than those found on this website may apply to your particular case. For this reason, it is strongly recommended that before acting upon any content you view on this or any other website, you first consult competent legal counsel.
If the vehicle you were driving actually was covered by insurance on the date the police officer wrote you your ticket, but you were simply unable to produce your insurance card at the time, you cannot be convicted of this violation if you go to court and prove that the vehicle was covered. Typically, this is accomplished by appearing in court with a copy of the insurance card.
Illinois’ mandatory insurance law also specifically allows for dispositions of court supervision, as opposed to convictions, under certain circumstances. The law states that if you have not previously been convicted of or placed on court supervision for violating the insurance requirement, and you prove at your court appearance that the vehicle currently is covered by insurance, even though it was not covered on the date you were ticketed, then you will be granted court supervision and fined only $100.00.
This same law also requires you to return to court on the date your court supervision is scheduled to terminate, and prove that the vehicle remained covered by insurance during the entire period of court supervision. It is important to note that even if you receive court supervision for your no-insurance ticket, you still will be required to file a proof of financial responsibility certificate ("SR-22 certificate") with the Secretary of State for 3 years.
SR-22 is a mechanism the Illinois Secretary of State uses to monitor drivers who have previously been caught driving without liability insurance. Illinois refers to SR-22 insurance as “Financial Responsibility Insurance.”
If you are required to obtain SR-22 insurance, the home office of your insurance company must submit a “Financial Responsibility Certificate” ("SR-22 certificate") directly to the Office of the Illinois Secretary of State. Upon acceptance of that certificate, you will receive a copy of the SR-22 certificate from your insurance company and a letter from the Secretary of State.
You will be required to maintain your SR-22 insurance for at least 36 months. If your SR-22 insurance expires or is cancelled, your insurance company must notify the Secretary of State’s Office. Upon receipt of that information, the Secretary of State’s Office then will suspend your driver’s license. You will not be able to remove this suspension until you have reinstated your SR-22 insurance filing.
Just because you have been charged with a violation of the Illinois mandatory insurance law does not mean you are automatically guilty. A traffic ticket is merely an allegation. Because of this, Matt knows that until you either plead guilty or are found guilty, you are presumed innocent of the charge.
Thus, in representing you in court, Matt will explore creative solutions for resolving your case, always with an emphasis on protecting your driving record. These solutions can include seeking the dismissal of the ticket, plea bargaining and negotiating for controlled results or lesser or amended charges, and even trial. Matt has over 12 years' experience as a trial lawyer.
The Law Office of Matthew T. Hoffman P.C. represents clients charged with traffic tickets and moving violations in the Lake, Cook and McHenry County, Illinois traffic courts.
There are many different police departments that forward speeding tickets to the eight local traffic courthouses in Northeastern Illinois for disposition. These courthouses include those located at Park City, Round Lake Beach, Mundelein, Waukegan, Rolling Meadows, Skokie, Woodstock and McHenry. If you were ticketed for an insurance violation within the jurisdiction of any of these eight court venues, it is likely that you were cited by one of the following police departments. The Law Office of Matthew T. Hoffman P.C. defends clients charged with traffic violations issued by these and other area police agencies: