Caught speeding but given a additional ticket for failure to show insurance?

[Steve-O]

I live in New Hampshire and happened to be traveling in Maine at the time of the incident. I got pulled over for speeding by a Maine state trooper. He gave me the ticket and also wrote me up for $171 for no proof of insurance so he verbally said. On my hand written ticket he checked off inspection sticker as if my truck wasnt inspected and wrote $171 on the same inspection sticker violation line. Now my truck has been inspected for 8 months when i received the ticket. So i payed the speeding ticket and contested the $171.

I got a letter in the mail from Maine stating my court date and at the top written in capitol letters Offense: failure to produce evidence of insurance. In my state of NH you do not have to have insurance to drive a vehicle but in Maine you do. So am i not supposed to travel in maine if i dont have insurance and im a NH resident? Even though i do have insurance and had it at the time of being pulled over but did not have my insurance card on me. Can i still be fined for this even though my vehicle is registered to NH? My court dates on the 22 Dec so any help or advice you could give me would be greatly appreciated.

 

[FlyingRon]

I don't think you are guilty if your vehicle is not registered in Maine or required to be registered in Maine, then you're not subject to the mandatory insurance requirement there.
However, you're foolish to drive anywhere without liability coverage.

 

[Zigner]

Exactly what law/code section were you charged with violating?

 

[FlyingRon]

Presumably 29-A MRS 1601

 

[Zigner]

Presumably 29-A MRS 1601

Have you seen 29-A MRS 1609?

 

[racer72]

I don't think you are guilty if your vehicle is not registered in Maine or required to be registered in Maine, then you're not subject to the mandatory insurance requirement there.
However, you're foolish to drive anywhere without liability coverage.

Since when have the vehicle traffic laws not applied to everyone that is driving a motor vehicle in that state? Also, it appears Maine covered their butt anyway. Refer to section B of the statute referenced by Zigner.

 

[FlyingRon]

Yep, missed 1609.
He's not guilty of 1601, it specifically applies to vehicles registered or required to be registered in state.

 

[Zigner]

Yep, missed 1609.
He's not guilty of 1601, it specifically applies to vehicles registered or required to be registered in state.

Agreed - now we just wait to see if he ever tells us what he was charged with.

 

[cyjeff]

Wait a minute.

It really doesn't matter.

If he is being charged with failure to produce insurance and he had it at the time of the citation, then he just brings proof with him to court and everything is marvy.

 

[Steve-O]

Exactly what law/code section were you charged with violating?

it says on my court date sheet, Offense: Fail to produce insurance. The funny thing is on my ticket it says no inspection for $171 and nothing about insurance. But i called the state and they said because the price is 171 that specifically means no insurance, even though he checked off no inspection and hand wrote $171 on the same no inspection line. How do they expect me to know that $171 fine means no insurance? Even then i guess my major issue is whether or not its a law that i can or cant drive in maine if i dont have insurance and are registered in the state of NH. (even though i do have insurance and did at the time of the ticket)

Im just nervous about what to say when i go to court cause i know nothing about the legal system especially in the courts and do i have anything that can stick up for my no insurance arguement. Im hoping i can just show them my insurance card and have that be it but even then, should i have to since im from NH? Thanks to eveyone for helping out!!!!

 

[FlyingRon]

If you are charged with no insurance (1609) and you don't have any, you are guilty.
If you are charged with no inspection (and you did have an inspection), you are not guilty.
You need to find out just what your charge is.

 

[davew128]

If you are charged with no insurance (1609) and you don't have any, you are guilty.

No he isn't. His vehicle is properly registered in a state without mandatory insurance. If what you say were true, then no NH registered vehicle without insurance could ever leave the borders of the state without risk of being pulled over and ticketed.

 

[Zigner]

No he isn't. His vehicle is properly registered in a state without mandatory insurance. If what you say were true, then no NH registered vehicle without insurance could ever leave the borders of the state without risk of being pulled over and ticketed.

Maine's law is pretty clear.

 

[davew128]

Maine's law is pretty clear.

Yes, and so is the full faith and credit clause of the constitution, and heck I think the commerce clause might apply as well. The statute in question would prohibit OP not just from driving his own vehicle in Maine, but any other vehicle as well. I know in Maine they are pretty territorial but this is pretty extreme. I think an assertive defense (not to mention showing that he was in fact insured at the time) would get a dismissal here.

 

[Zigner]

Yes, and so is the full faith and credit clause of the constitution, and heck I think the commerce clause might apply as well. The statute in question would prohibit OP not just from driving his own vehicle in Maine, but any other vehicle as well.

You're kidding, right?

If the vehicle is properly insured, then the OP can drive it.