Posted On: July 29, 2011
FAILURE TO PROVIDE FINANCIAL RESPONSIBILITY AND FAILURE TO MAKE A DEMAND
The defendant here was convicted of many counts, one of them failing to provide financial responsibility. The California Court of Appeal notes that the statute, Vehicle Code sec. 16028, requires a demand for production of financial responsibility. Here, the only evidence was that the police searched the defendant's car for that and couldn't find it. The Court of Appeal rules that 16028 can't be violated without a demand.
Sometimes I read cases and wonder: Did some city attorney REALLY make that argument and waste thousands of taxpayer dollars fighting something this dumb?
People v. Roldan; 2011 DJ DAR 11032; DJ, 7/22/11; C/A 2nd, Div. 1
