No License, No Insurance -- No Punishment?

[Ban Hammer 13,636]

One in four drivers has no insurance, no valid registration and no driver's license.

Why? Because there is no consequence for breaking that law.

The poster child for this crime is blatant repeat offender, Yesenia Nunez.

"I would love to see some sort of justice being served here," said Dave Layton.

Layton had a violent run-in with Nunez, an Orange County woman, on Nov. 24, 2005.

Nunez was speeding, ran a red light and sideswiped Layton's SUV.

"There was blood everywhere? and I saw her in her car with airbags deployed. She was trying to start her car to leave. She was actually trying to leave the scene," said Layton.

The 10News I-Team learned Nunez had no driver's license, no registration and no auto insurance.

Layton, a father of 3, suffered severe and permanent back injuries that put him out of work.

Nunez received a ticket that she did not bother to pay -- and that is just the beginning.

"This person has been in three accidents?," said Layton.

Nunez's pattern goes back many years.

In October 2003, Nunez had her first car accident and had no insurance. She pleads guilty and then ignored the fine.

In October 2005, Nunez received another citation for having no insurance, no driver's license and no registration. She is fined, fails to pay it and fails to show up in court.

Nunez also thumbed her nose at the ticket she was issued one month later for crashing into Layton. The fines for running the red light, having no license and insurance go ignored.

"By and large, our laws are for the law abiding," said retired superior court judge Larry Stirling.

We showed Stirling Nunez?s history and he believes she is like many in the system -- they rarely play by the rules.

"The people who actually come to court are the exception, not the rule," he added.

The Orange County Superior Court never even issued an arrest warrant for Nunez after all of her accidents.

The I-Team found that the Department of Motor Vehicles took some action, suspending Nunez's once-valid license twice.

That is where the consequences end.

Judge Stirling said the lack of enforcement of traffic violations is a danger to the public.

"The No. 1 cause of death, personal injury, and property damage in the state of California is not from violations of the penal code, it's from violations of the traffic code," said Stirling.

It was a penal code violation -- drug-related crime -- which forced Nunez to finally show up for court. The charges she faced on this day were drug possession, intent to sell, street gang association and being a criminal accessory.

Layton is hopeful, "Now, I'd like to see her go to jail."

Layton is also hopeful because the I-Team told the Orange County district attorney everything they've uncovered.

In addition, the I-Team found that Nunez was hiding assets, transferring her car and home to her mother -- all against the law.

All of this info told to the district attorney?s office in Orange County where Nunez lives.

Three months after her first court appearance on the drug charges, it is sentencing day. It's time for some justice, that?s what Dave Layton hopes for.

But it doesn't happen.

"I'm very disappointed today," said Layton.

The court drops all charges against Nunez, except the least serious one of drug possession.

She paid a small fine, but the court does not force her to pay her traffic fines.

I-Team reporter Lauren Reynolds approached Nunez after her court appearance and asked, "Do you think the laws don't apply to you? Do you continue to drive without insurance, without a license? You don't have anything to say?"

Nunez stayed silent, but the vehicle she drives off in, a white Toyota Camry, showed signs of serious damaged.

It was another accident, but there was no way to tell if Nunez was again behind the wheel.

"She doesn't care. This is just a bad person," said Layton.

The I-Team wanted answers.

A letter was written by the I-Team to the Orange County superior court, the district attorney's office and the state attorney general. It asked why Nunez has been allowed to "get away with it" for so long.

The day the court received the letter, an arrest warrant for Nunez was finally issued.

The court blamed a clerical error.

The warrant forced Nunez to go into court, where she paid $260 and is making payments on the $1,400 she also owes.

Layton has now won a civil judgment against Nunez, but she has not paid him a dime. Now, he is going after her hidden assets we reported on.

The Orange County DA's office never responded to the I-Team's letter that asked why they allowed Nunez to settle her drug charges without paying the court the money she already owed.

However, a spokesperson for the court said they have made improvements in their collections department.

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[Amby 490]

#######? shouldn't this person be in jail or at least have their wages garnished or something to pay the fines. geez

[Emancipation 2]

My aunt was struck in an accident involving a driver with no insurance and no license. She wasn't hit directly by his car but the accident was 100% his fault. She is now a quadriplegic and had to sue the driver who hit her as the accident left her paralyzed for life.

The uninsured driver from what we understood was someone in the city of Los Angeles’ son and got off scot free as far as the law was concerned.

This stuff makes my blood boil..

[no name 1]

I had an accident in LA back in like '97 or so. An illegal unlicensed, uninsured driver hit me. There was a law passed the next year that if an uninsured hit somone, the car got impounded.

As it stood, he got a ticket & was supposed to pay my damages ($1700).

I sued & took him to small claims. He paid me $800 once & never paid again, even tho I went back to court. No wage garnishment, etc. Nice, eh?

edit: Luckily I was not injured but he still got off mostly free!

Edited November 14, 2007 by devilette

[NavarreMan 10]

Tip of the iceberg. This is why enforcing our laws is so important. This is what happens when the authorities turn a blind, uncaring eye and let our laws get trampled.

[almaty 19]

i was hit by a ceritified us citizen uninsured on welfare..and nothing happen to him...my insurance company paid for my car and tried to get $$.but my agent said, there was no recourse...

[JeanneVictoria 55]

terrible

[eric&gen 0]

What do illegals get after they are caught without drivers license and insurance? A green card? lol A free pass back to Mexico? lol

[russ 1]

I had an accident in LA back in like '97 or so. An illegal unlicensed, uninsured driver hit me. There was a law passed the next year that if an uninsured hit somone, the car got impounded.

That's why I have coverage for an uninsured driver crashing into me. Actually costs more than my own coverage...

[almaty 19]

I had an accident in LA back in like '97 or so. An illegal unlicensed, uninsured driver hit me. There was a law passed the next year that if an uninsured hit somone, the car got impounded.

That's why I have coverage for an uninsured driver crashing into me. Actually costs more than my own coverage...

same here..came in handy awhile back

[Ban Hammer 13,636]

What do illegals get after they are caught without drivers license and insurance? A green card? lol A free pass back to Mexico? lol

a u visa to testify against themselves

[Hilarious Clinton 452]

grrrrr. this makes me angry.

[Trumplestiltskin 5,791]

grrrrr. this makes me angry.

Same thing happened in Britain. I watched a court case a few years ago - where the defendant was up for something like his 6th driving offense; with priors ranging from driving without insurance, to driving without a license, to driving while banned (and every combination in between). He only got a 5 month suspended sentence.

I was also read in my local paper that a guy in my year at high-school was arrrested for DUI, after he drove drunk through someone's front garden - gashing the lawn and tearing out a picket fence and dragging it under his car. I think he only got a fine for that and some community service.

[natty bumppo 297]

grrrrr. this makes me angry.

Same thing happened in Britain. I watched a court case a few years ago - where the defendant was up for something like his 6th driving offense; with priors ranging from driving without insurance, to driving without a license, to driving while banned (and every combination in between). He only got a 5 month suspended sentence.

I was also read in my local paper that a guy in my year at high-school was arrrested for DUI, after he drove drunk through someone's front garden - gashing the lawn and tearing out a picket fence and dragging it under his car. I think he only got a fine for that and some community service.

What no amnesty ???

[Trumplestiltskin 5,791]

grrrrr. this makes me angry.

Same thing happened in Britain. I watched a court case a few years ago - where the defendant was up for something like his 6th driving offense; with priors ranging from driving without insurance, to driving without a license, to driving while banned (and every combination in between). He only got a 5 month suspended sentence.

I was also read in my local paper that a guy in my year at high-school was arrrested for DUI, after he drove drunk through someone's front garden - gashing the lawn and tearing out a picket fence and dragging it under his car. I think he only got a fine for that and some community service.

What no amnesty ???

I don't follow. He was a UK Citizen.