• 1997 - Driving Without Liability Insurance
  • K-21.00
    • Insurance
    • Motor Vehicles
    • Public Crimes
    • Public Crimes
  • A person may not drive a motor vehicle without a valid policy of liability insurance in effect. The motor vehicle's owner may not cause or knowingly permit a person to drive the motor vehicle if it is not insured.

     

    ESSENTIAL ELEMENTS OF THE OFFENSE

     

    The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

     

    1) On or about [month] [day] [year], in [City] [County], North Dakota, the Defendant, _______________, drove a motor vehicle; and

     

    2) At the time of the driving, a valid policy of liability insurance was not in effect. [If the Defendant was the owner, use the following: 1) On or about [month] [day] [year], in [City] [County], North Dakota, the Defendant, _______________, who was the owner of the motor vehicle, caused or knowingly permitted another person to drive the motor vehicle; and

     

    2) At the time of the driving, a valid policy of liability insurance was not in effect.]

     

    DEFINITIONS [If it has become an issue at trial, you may insert relevant definitions. NDCC 39-01-01(38) ("motor vehicle"), NDCC 39-01-01(46) ("owner"), NDCC 12.1-02-02(1)(b) ("knowingly").]

     

    *****

    • 28-01.1-01
    • 28-01.1-05
    • 28-01.1-06
    • 28-01.3
    • Day v. Gen. Motors Corp., 345 NW2d 349 (ND 1984)
    • Downtowner, Inc. v. Acrometal Prods., Inc., 347 NW2d 118 (ND 1984)
    • Johnson v. Am. Motors Corp., 225 NW2d 57 (ND 1974)
    • Kaufman v. Meditec, Inc., 353 NW2d 297 (ND 1984)
    • Mauch v. Mfrs. Sales & Serv., Inc., 345 NW2d 338 (ND 1984)
    • Morrison v. Grand Forks Housing Auth., 436 NW2d 211 (ND 1989)
    • Olson v. Chesterton Co., 256 NW2d 530 (ND 1977)
  • Notes: