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Name: People v. Roldan
Case #: B224633
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 07/21/2011
Summary

A conviction for Vehicle Code section 16028 (failure to provide evidence of financial responsibility) is dependant in part on evidence that the officer requested or demanded proof of insurance from defendant. As a result of a driving-under-the-influence vehicle collision, appellant was convicted of second degree murder and various Vehicle Code violations, including failure to provide evidence of financial responsibility. The appellate court found that the trial court erred in denying appellant’s Penal Code section 1118.1 motion for acquittal of the Vehicle Code section 16028 charge. There was no substantial evidence supporting the conviction such that a jury could find guilt beyond a reasonable doubt. The plain language of the statute requires that the officer request or demand proof of financial responsibility. Here, the only evidence presented at trial was that the officer looked through appellant’s possessions at the hospital and searched the van but found no proof of insurance. No evidence was presented that he actually requested proof from appellant.