Provided insurance, officer didn't take it

D90
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Provided insurance, officer didn't take it

Unread post by D90 on

Was driving in light traffic this past Sunday at 7:30pm ish. Doing 100 in the left lane of a two lane 90km/hr highway. Cop is sitting in the right lane doing about 95. I accelerate to 108 to do a lane change and hop off the highway. Cop turns on his blinkers and pulls me over. Asks if I know the speed limit and why I was doing 110. I told him to follow the flow of traffic and make a safe lane change. Asks to see my license, and insurance. I hand over my license and insurance and he notifies me the insurance is expired. I know I have active insurance so I continue to look while he goes to his cruiser. He returns and tells me about my $65 ticket. He's still holding my ticket in his left and flashlight in his right when I tell him that I found my current insurance slip. Proceeds to shine his flashlight on the insurance slip, reads it and tells me it's too late, he already printed the ticket. When I question why it's too late he asks if I would like him to put the other charge on as well. Mind you, I was very respectful, sir, please thank you, no lip.

i have never been pulled over and neither has anyone in my family. I'm wondering what my next steps would be and am hoping to get more of an understanding of the entire process.


jsherk
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Unread post by jsherk on

What is the exact charge you got and the section number?
+++ This is not legal advice, only my opinion +++


bend
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Unread post by bend on

The officer was correct. You didn't provide a valid insurance card. You are required to provide a card upon demand. You provided an expired card. They are not required to wait while you search through your car a second time around. Obviously, there's going to be an allowance for you to initially locate your paperwork within reason.

You can try bringing your valid insurance to an early resolution meeting. Chances are they may let it slide, but they're under no obligation to do so.


D90
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Unread post by D90 on

jsherk wrote:What is the exact charge you got and the section number?
Fail to submit insurance card was the charge. And the sections says CAIA 3(1) if I'm not mistaken.


Ty for the reply mend. Very helpful. I was not aware I gave him an expired copy until he told me, I replied that I had an active one, but he just left right away. I thought I could just give it to him when he came back so thought nothing of it at the time, but he gave me no chance to find the other one. I don't know if this makes a difference?


bend
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Unread post by bend on

D90 wrote:he gave me no chance to find the other one. I don't know if this makes a difference?
It's not a defense. He gave you an opportunity to surrender your insurance card. The act requires the operator to surrender it upon demand, not surrender it upon your own convenience. The officer asked you for your insurance. Upon demand, you handed him an expired card. The officer pointed out to you that the card was expired. While he wrote you a ticket, you searched for the valid card within your vehicle. You've already passed that threshold of surrender upon demand. It's your responsibility to have that card easily available. That's going to be on you. The officer doesn't know whether you'll find a card or not and he's not expected to wait around again while you do.

You don't really have a defense here, but an early resolution meeting with your card might be your best bet.


jsherk
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Unread post by jsherk on

Yes if the prosecutor is in a good mood, they MIGHT drop it. They don't have to, but they might so it is worth a try.
+++ This is not legal advice, only my opinion +++


D90
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Unread post by D90 on

thanks for the help! i will let you guys know how it goes


D90
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Unread post by D90 on

bend wrote:
D90 wrote: It's your responsibility to have that card easily available.
i agree, i have all my slips in the folder that came with the vehicle in the glove box, i simply handed him the wrong one and he left before i could even give it to him.






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