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Thompson v. State

The trial court should have determined that the Uniform Traffic Citation charging defendant with committing the crime of "no insurance" corresponded with the O.C.G.A. § 40-6-10 b's knowingly operating a vehicle without effective insurance and charged that knowledge of lack of insurance is an essential element of that offense.

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Rebecca Thompson was convicted of driving without insurance. She appeals, contending that the evidence was insufficient to support the conviction and that the trial court erred in charging the jury. Because the trial court failed to charge an essential element of the crime, we reverse.

On February 15, 1999, Sergeant David Lamb of the Peachtree City Police Department stopped Thompson’s car because of a defective taillight. Thompson was unable to produce a driver’s license or proof of insurance, although Lamb determined through a computer check that she had a valid driver’s license. Thompson told Lamb that her insurance had been cancelled three months earlier, but that she thought she had applied to have it reinstated. Lamb issued Thompson a Uniform Traffic Citation UTC charging her with the offense of “no insurance” in violation of OCGA § 40-6-10. At trial, Thompson admitted that she in fact had no insurance on the date she was stopped, but claimed that she thought she had insurance.

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