Posted on August 18, 2026 by Barry Zalma
Post 5427
In United States Of America v. Gary Rains, Criminal No. 1:26po25, United States District Court, W.D. Virginia, Abingdon Division (August 14, 2026) Gary Rains, (“Rains”), appeared before the court for an initial appearance on a petty offense violation on April 1, 2026.
At that time, Rains pleaded guilty to a violation of 36 C.F.R. § 4.2(b), incorporating Kentucky Revised Statute § 304.99-060, for having no vehicle insurance at the time of a traffic stop on December 21, 2025.
The USDC convicted Rains of the offense and imposed a fine of $500.00 and a mandatory special assessment of $10.00. Rains moved to Vacate Judgment.
In his Motion, Rains states that he now has found his insurance card showing that he did, in fact, have insurance coverage on the date the violation notice was issued. In support of his Motion, Rains attached a State Farm Mutual Automobile Insurance Company, insurance card.
Brooks provided Ranger Shepherd information showing that Rains had automobile insurance on a 2004 Toyota Prerunner with an inception date of August 29, 2025. However, Brooks provided further information that this insurance was subsequently terminated on November 27, 2025.
Given Rains’s action of purchasing insurance on the same vehicle with a different insurance company, which would overlap the State Farm policy by approximately two months, the court was unable to find credible Rains’s claim that he had insurance with State Farm on the date of the violation.
Based on Rains’s knowing and voluntary guilty plea, the information provided by State Farm representative Brooks that Rains’s coverage was terminated on November 27, 2025.
It was ORDERED that Rains’s Motion to Vacate Judgment, was DENIED.
This is not a major case. That it was reported at all was amazing. To avoid a $500.00 fine Mr. Raines created false insurance records to set aside the $500 fine to which he had pleaded guilty. What he did was attempt a fraud on the court. That attempt was a criminal act and should have been referred to the DOJ. States require people to have automobile insurance to operate on the roads. Raines failed to do so, was cited, convicted and fined. He then created false documents to reverse the judgment and with false documents. The judge recognized the fraud and denied his motion.
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