Failure to provide insurance but it was in the car

mimsychop
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Failure to provide insurance but it was in the car

by: mimsychop on
Tue Nov 22, 2016 9:26 am

Hi,

I was pulled over and realized that my insurance card was not in my glove box but in my trunk as I had taken it, and my other insurance documentation, out to copy them all. When I told the officer this and asked to retrieve it, he refused and instead wrote me a ticket for failing to produce my insurance card. The law that he cited says that I just need to have it in the car. Does anyone have any tips on fighting this in court?

Thank you very much for any help!


jsherk
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by: jsherk on
Tue Nov 22, 2016 9:53 am

I would plead not guilty, and request a trial with the officer present. Once you get your notice of trial, I would request disclosure (officers notes).

What is the exact wording and section number on the ticket?

My opinion is that he should have let you retieve it, and this is a *EDIT* charge. It does NOT say that it must be within arms reach of the drivers seat. It just says you need to produce it when asked. There is no reason the officer should not have let you retreive it because it was in the vehicle and you knew where it was.
+++ This is not legal advice, only my opinion +++




screeech
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by: screeech on
Tue Nov 22, 2016 7:30 pm

jsherk says this is a bs charge, but is it really?
Why were you stopped in the first place? Could the officer have written a different ticket, one with a higher fine and points? Perhaps the cop was trying to be nice by laying a lower-fined charge, and a charge with no points...


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Nanuk
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by: Nanuk on
Wed Nov 23, 2016 6:27 pm

The operator shall surrender it for inspection upon demand. The operator shall not search their car for it upon demand because they cannot find it. Which could put the operator in danger let's say it was on a 400 series highway in the shoulder the officer may not have wanted a fatality collision on his hands .

Depending on the officer he or she may not have been comfortable officer safety wise with the driver rummaging through the trunk where weapons can be stored.

Just playing devils advocate :twisted:


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