Earl’s client was charged with No Proof of Insurance after a traffic stop where she was the driver, but not the registered owner of the vehicle. The registered owner was sitting in the passenger seat.
Earl knows that if you are caught driving without insurance and you are not the registered owner of the vehicle then the government must prove that you “knew or had reason to know” that the vehicle was not insured. Also, the government will have to prove that you did not provide either law enforcement or the court with the name and address of the registered owner.
In this case, the registered owner was sitting right next to Earl’s client. Earl did a quick check of the owner’s criminal record and found that not only had they, like his client, had been charged with No Proof of Insurance as a result of this traffic stop, but they had also been convicted.
Earl brought this evidence to the prosecutor and told them they had already convicted the right person and that his client should not be facing these charges. If convicted, Earl knew his client’s driver’s license would be suspended.
After providing this additional evidence, Earl convinced the prosecutor to dismiss the entire case against his client.