People v. Simmons

In this case, the defendant was charged with the uninsured operation of a motor vehicle. The only evidence on this point was the officer’s testimony that the defendant operator failed to produce the insurance card when requested.

In order to establish that a nonowner operator is guilty of uninsured operation of a motor vehicle, it must be established both that the vehicle is uninsured and that the operator was aware of that fact (Vehicle and Traffic Law, § 319, subd 1). The burden of proving both lack of insurance and knowledge is upon the People (People v Silver, NYLJ, Jan. 29, 1976, p 38,…