Failure to carry an insurance card

[suzie-q]

CT: My daughter was stopped at a DUI check point and was given a summons for failure to carry the insurance card. She handed the police officer the envelope with the registration and insurance card. The officer told her the insurance card was not in the envelope. My daughter then looked in the glove compartment and produced one but it was expired. The officer then gave her a ticket for failure to carry an insurance card and gave her the envelope back. After leaving the scene and coming home, she discovered the insurance card was in the envelope inside the folded emissions paper. My question is, do you think we have a case to get this ticket dismissed? I'm concerned due to her age to have this go on her record.What is the name of your state (only U.S. law)?

 

[HighwayMan]

Do what everyone else does - enter a not guilty plea and you'll get your day in court. You can then speak to the prosecutor and there's probably a good chance of a dismissal. It's not a major violation anyway - there should be no concern over her "record". By the way, since it's your daughter's ticket she'll have to fight this, not you. She's old enough to drive so she should be prepared to deal with her own tickets.

As a side note, this is exactly why when I stop someone and ask for their documents I will not accept envelopes handed to me. If I ask for a registration and insurance card I want those documents handed to me and nothing else.

 

[suzie-q]

Thanks, FYI, my daughter is 17 and just has her license for 2 months, first encounter with being stopped, she was extremely nervous. Due to her being a minor, will she still have to speak in front of the judge?

 

[CSO286]

Thanks, FYI, my daughter is 17 and just has her license for 2 months, first encounter with being stopped, she was extremely nervous. Due to her being a minor, will she still have to speak in front of the judge?

Yes, she will. Unless you hire a lawyer for her.

Just a note: Judges are people, too. The do undertand human errors like the one you stated. And they understand how freaked a 17 year old can get when pulled over.

 

[HomeGuru]

Thanks, FYI, my daughter is 17 and just has her license for 2 months, first encounter with being stopped, she was extremely nervous. Due to her being a minor, will she still have to speak in front of the judge?

**A: Maybe but you will be going to court with her and can be the spokesperson.

 

[davew128]

**A: Maybe but you will be going to court with her and can be the spokesperson.

Because she just passed the bar exam and was admitted to the CT bar, right?

 

[Silverplum]

Because she just passed the bar exam and was admitted to the CT bar, right?

Nope. A different reason.

 

[DuncanAbuse]

My question is, do you think we have a case to get this ticket dismissed?QUOTE]

Title 14, Chapter 246 of the "GENERAL STATUTES OF CONNECTICUT"

Sec. 14-13. Registration certificate and insurance identification card to be carried in vehicle. (a) The certificate of registration and any automobile insurance identification card for the vehicle issued pursuant to section 38a-364 shall be carried in the motor vehicle at all times when it is being operated on a public highway, except as otherwise provided by statute. If a vehicle is registered in the name of a lessor licensed under section 14-15, a legible photostatic copy of the certificate of registration or a rental or lease contract which shall include the vehicle identification number of such vehicle registered in this state may be carried in lieu of the original certificate, provided the original certificate shall be available at all times for inspection at the lessor's usual place of business in the state if the motor vehicle is registered in this state. If a vehicle is registered as a school bus as defined in section 14-275, such copy may be carried in lieu of the original certificate, provided such certificate shall be available at all times for inspection at the school bus owner's usual place of business in the state.

(b) Any person who violates any provision of this section shall be deemed to have committed an infraction and be fined fifty dollars.

Please call the local court to verify my findings. However, since you have insurance but couldn't produce the card it is a simple infraction. Infractions are not moving violations and are simple penalties. In this case the penalty is $50.00. This wouldn't go on a driving record as it is not a moving violation.

Again please call your local court but you should see this is the case. As for fighting it in court, It’s not worth the $50.00 as it would just be a case of "he said she said" which you won't win anyway.

 

[HighwayMan]

Please call the local court to verify my findings. However, since you have insurance but couldn't produce the card it is a simple infraction. Infractions are not moving violations and are simple penalties. In this case the penalty is $50.00. This wouldn't go on a driving record as it is not a moving violation.

How did you come up with that?

Speeding is an infraction also, is a moving "violation" and appears on a driving record.

Do you know CT law or are you basing your statement on what you read on a website?

And there is no "local" court. There is one court per GA.

 

[Alex1119]

If the insurance is valid but she was simply overwhelmed, my advice is to look on google to find resources for free legal advice. That would be a good starting point. You could also try your local city hall too. From my experience, DUI checkpoints just require two short answers: "have you had anything to drink?" followed by "have a nice day" (or evening).

I realize that most advice is to get a lawyer, so rather than be redundant, those are just some preliminary steps.

I received one the other day. I was parked in my driveway, and my insurance card was in the living room while I was on the phone with a representative. The ticket, however was marked as being given to me on a nearby street. I have 4 witnesses so I'm taking steps to hopefully dismiss this. Witnesses always help.

 

[Just Blue]

If the insurance is valid but she was simply overwhelmed, my advice is to look on google to find resources for free legal advice. That would be a good starting point. You could also try your local city hall too. From my experience, DUI checkpoints just require two short answers: "have you had anything to drink?" followed by "have a nice day" (or evening).

I realize that most advice is to get a lawyer, so rather than be redundant, those are just some preliminary steps.

I received one the other day. I was parked in my driveway, and my insurance card was in the living room while I was on the phone with a representative. The ticket, however was marked as being given to me on a nearby street. I have 4 witnesses so I'm taking steps to hopefully dismiss this. Witnesses always help.

Alex, This thread is 5 years old...Please do not pull up dead threads. Thanks.