28-4135

28-4135. Motor vehicle financial
responsibility requirement; civil penalties

A. A motor vehicle that is operated on a highway in this state shall be covered by
one of the following:

1. A motor vehicle or automobile liability policy that provides limits not less
than those prescribed in section 28-4009.

2. An alternate method of coverage as provided in section 28-4076.

3. A certificate of self-insurance as prescribed in section 28-4007.

4. A policy that satisfies the financial responsibility requirements prescribed in
article 2 of this chapter.

B. A person operating a motor vehicle on a highway in this state shall have
evidence within the motor vehicle of current financial responsibility applicable to the
motor vehicle.

C. Failure to produce evidence of financial responsibility on the request of a law
enforcement officer investigating a motor vehicle accident or an alleged violation of a
motor vehicle law of this state or a traffic ordinance of a city or town is a civil
traffic violation that is punishable as prescribed in this section.

D. A citation issued for violating subsection B or C of this section shall be
dismissed if the person to whom the citation was issued produces evidence to the
appropriate court officer on or before the date and time specified on the citation for
court appearance and in a manner specified by the court, including the certification of
evidence by mail, of either of the following:

1. The financial responsibility requirements prescribed in this section were met
for the motor vehicle at the date and time the citation was issued.

2. A motor vehicle or automobile liability policy that meets the financial
responsibility requirements of this state and that insured the person and the motor
vehicle the person was operating at the time the person received the citation regardless
of whether or not the motor vehicle was named in the policy.

E. Except as provided in section 28-4137, a person who violates this section is
subject to a civil penalty as follows:

1. The court shall impose a minimum civil penalty of five hundred dollars for the
first violation. On receipt of the abstract of the record of judgment, the department
shall suspend the driver license of the person and the registration and license plates of
the motor vehicle involved for three months.

2. If a person violates this section a second time within a period of thirty-six
months, the court shall impose a minimum civil penalty of seven hundred fifty dollars.
On receipt of the abstract of the record of judgment, the department shall suspend the
driver license of the person and the registration and license plates of the motor vehicle
involved for six months.

3. If a person violates this section three or more times within a period of
thirty-six months, the court shall impose a minimum civil penalty of one thousand
dollars. On receipt of the abstract of the record of judgment, the department shall
suspend the driver license of the person and the registration and license plates of the
motor vehicle involved for one year. The department shall require on reinstatement of the
driver license, the registration and the license plates that the person file with the
department proof of financial responsibility in accordance with article 3 of this
chapter.