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No proof of insurance

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My3suns!

Junior Member
What is the name of your state (only U.S. law)? Kansas

Oldest child (age 22) didn't know her father had stopped paying insurance on her car. Stopped for a "bogus" traffic violation (didn't receive a ticket for the stop--cop claimed she didn't stop coming out of a parking lot although no stop sign is there) however she didn't have proof of insurance so she recieved a citation for that.

Once we unraveled it all we realized her insurance was cancelled for non-pay in the beginning of August.

We called a local attorney and spoke with para who said an attorney couldn't help in any way. She would have to show up for court. She would be taken to jail and fingerprinted and photographed and then released. Not to then mention all kinds of horrible things like an SR-22, etc.

I believe this is the only time I have ever heard that legal representation won't help her at all.

So there really is no way out of this mess? She will have to to be taken to jail?

Any feedback is extremely appreciated.

She is going to law school in the spring and is of course extremely worried about this issue "haunting" her.

Thank you in advance!
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? Kansas

Oldest child (age 22) didn't know her father had stopped paying insurance on her car. Stopped for a "bogus" traffic violation (didn't receive a ticket for the stop--cop claimed she didn't stop coming out of a parking lot although no stop sign is there) however she didn't have proof of insurance so she recieved a citation for that.

Once we unraveled it all we realized her insurance was cancelled for non-pay in the beginning of August.

We called a local attorney and spoke with para who said an attorney couldn't help in any way. She would have to show up for court. She would be taken to jail and fingerprinted and photographed and then released. Not to then mention all kinds of horrible things like an SR-22, etc.

I believe this is the only time I have ever heard that legal representation won't help her at all.

So there really is no way out of this mess? She will have to to be taken to jail?

Any feedback is extremely appreciated.

She is going to law school in the spring and is of course extremely worried about this issue "haunting" her.

Thank you in advance!

If a lawyer said he couldn't help her, then trust no one can help her.and better tell you they cant help you then to charge you thousands to be of no assistance.

but that doesn't mean she shouldn't be represented. at her court date, ask for a public defender. (since I assume she cant personally afford one)

why wasn't she paying her own car insurance? after all, its not dad getting in trouble. maybe you should have been paying the insurance, since it appears penalty for not covering the cars liability is so extremely steep.

maybe if she gets insurance now, the judge will be more lenient. (although I believe a lawyer would have told you that) doesn't hurt tho, plus she needs it anyway. do this immediately.

when you are coming out of a parking lot, onto a street, you are supposed to stop and check oncoming traffic, stop sign or not. so no the stop wasn't bogus.

taken into jail, finger printed and released isn't even that bad. at least she doesn't have to do 30 days.
 

Banned_Princess

Senior Member
You sure about that for the OP's state?
are you saying that it is ok, to just exit onto a street without looking to see if the road is clear? just because there is no stop sign? what if there was an accident ? no fault will be assessed because no one had a stop sign?

but I'll bite. I will check it out.
 

Banned_Princess

Senior Member
http://www.ksrevenue.org/pdf/dlhb.pdf






STOPPING
A complete stop is required for the following:


1. When you see a stop sign, you must stop at a clearly marked stop line, but if none,
before entering the crosswalk on the near side of the intersection or, if none, then
at a point nearest the intersecting roadway.
2. When coming from an alley, private driveway or building within a business or residential
district.

3. When a school crossing guard is displaying an official flag in a STOP position.
4. You must stop when meeting or overtaking a school bus, church bus or day care
bus stopped to pick up or let off children. You must remain stopped until the STOP
signal is retracted and the red lights are turned off. Approaching traffic in the opposite
roadway of a divided highway shall not be required to stop, even if the school bus
has the stop-arm extended and the alternately flashing warning signal lamps on.
5. When directed by a flagperson or any traffic control device at railroad crossings.
6. When directed by a flagperson at a construction site, or at anytime when directed
by a police officer.
7. When an emergency vehicle is coming toward you or approaches from behind and
is displaying flashing red lights and/or sounding a siren
 

Banned_Princess

Senior Member
Furthermore...


RIGHT-OF-WAY
Right-of-way rules are an aid to safe and smooth traffic flow. They emphasize courtesy and common sense.


7. The driver of a vehicle within a business or residential district emerging from an alley, driveway or building, shall stop their vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right-of-way.
 

Zigner

Senior Member, Non-Attorney
Of course I wasn't saying that one doesn't have to look before entering the state :rolleyes:

I was referring to the "stop" portion - because that's not the law in every state. Thanks for the cite :)
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Kansas

Oldest child (age 22) didn't know her father had stopped paying insurance on her car. Stopped for a "bogus" traffic violation (didn't receive a ticket for the stop--cop claimed she didn't stop coming out of a parking lot although no stop sign is there) however she didn't have proof of insurance so she recieved a citation for that.

Once we unraveled it all we realized her insurance was cancelled for non-pay in the beginning of August.

We called a local attorney and spoke with para who said an attorney couldn't help in any way. She would have to show up for court. She would be taken to jail and fingerprinted and photographed and then released. Not to then mention all kinds of horrible things like an SR-22, etc.

I believe this is the only time I have ever heard that legal representation won't help her at all.

So there really is no way out of this mess? She will have to to be taken to jail?

Any feedback is extremely appreciated.

She is going to law school in the spring and is of course extremely worried about this issue "haunting" her.
Thank you in advance!
**A: Hmmm. how did she pass the LSAT? For someone who will be studying to be a lawyer, that is one of the most lame things I have heard.
The evidence of no insurance would be no proof of insurance, no insurance card or an expired insurance card.
On second thought she may end up being a good attorney representing dumb criminals.
 

Zigner

Senior Member, Non-Attorney
When they utilize the phrase "REQUIRED" it is.
See, but it's not. Unfortunately, it's something I missed at 4-something in the morning.

Here is what I was able to find...

8-1529. Vehicle entering or crossing roadway. The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed.
***
8-1555. Vehicle emerging from alley, building, private road or dirveway. The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon.


So, it would appear that in some instances, a stop is required. But not all...


ETA: Of course, bringing this back to the OP's situation: It would appear that at stop IS required by law. Thus, the stop was not at all "bogus"

ETA Again: Yes, BP - what you posted was entirely accurate. Sorry for detour...
 

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