Page 3 of 3 FirstFirst 1 2 3
Results 21 to 30 of 30
  1. #21
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    320

    Default Re: In Oregon Can Police Stop You for Suspicion of Expired Insurance

    Quote Quoting mbcaps
    View Post
    I heard that Oregon DMV says police can't stop someone for insurance information recieved from their database because it is often incorrect.
    Heard it? The DMV can not tell police what a proper stop is under the 4th Amendment, period.

  2. #22
    Join Date
    Sep 2010
    Posts
    19,485

    Default Re: In Oregon Can Police Stop You for Suspicion of Expired Insurance

    The DMV (and hence the police) have no clue about your insurers policies for adding newly acquired vehicles. If the previous owner's insurance lapses and they don't have a record showing new coverage, they HAVE reasonable suspicion to stop you. The fact that you can prove you have insurance now doesn't make the stop invalid. The fact that you had an expired license is entirely on your fault.

  3. #23
    Join Date
    Oct 2016
    Posts
    3,671

    Default Re: In Oregon Can Police Stop You for Suspicion of Expired Insurance

    Quote Quoting CONNOR99
    View Post
    True, but they determine if registration postmarked on 12/31 and received on 1/6 is late or not. If they accept it and cannot get your tags to you by 12/31 12:01am it is their problem they must allow for, not ours. We are not expected to park our cars or be subject to being detained or subject to search and seizure until they get around to mailing our tags out.
    No, it is your problem if you fail to have non-expired tags. The DMV will issue tags after the current ones have expired. That doesn't mean you can drive on expired tags.

  4. #24
    Join Date
    Dec 2019
    Posts
    3

    Default Re: In Oregon Can Police Stop You for Suspicion of Expired Insurance

    I have read that no insurance is considered a secondary offense in all 50 states and police cant stop you for a secondary offense. Even if the information on computer says no insurance they have to have witnessed a primary offence and stop someone for that primary offence. Which in this case the officer clearly stated immediately that he stopped me for expired insurance, a secondary offense. Furthermore my insurance company just confirmed to me that there has been no lapse or expiration on my insurance and no report from them of any such events.

  5. #25
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,523

    Default Re: In Oregon Can Police Stop You for Suspicion of Expired Insurance

    Quote Quoting mbcaps
    View Post
    I have read that no insurance is considered a secondary offense in all 50 states and police cant stop you for a secondary offense. Even if the information on computer says no insurance they have to have witnessed a primary offence and stop someone for that primary offence. Which in this case the officer clearly stated immediately that he stopped me for expired insurance, a secondary offense. Furthermore my insurance company just confirmed to me that there has been no lapse or expiration on my insurance and no report from them of any such events.
    If this is the case, and OR law prohibits a stop solely for lack of insurance - and the officer concurs that this was the sole reason for the stop - then you should have no problem getting the offense dismissed.

    However, my ten minute search of the ORS has failed to find anything that prohibits a stop for a lack of insurance. (It may be there, I just did not find it.) Absent any statute or case law prohibiting a detention based solely upon the insurance status, then it is reasonable to detain someone who appears to be in violation of state law requiring insurance. All because you are being told (by someone) that it is some form of "secondary" offense that cannot be used as reasonable suspicion for a detention does not make it so. It may BE a fact, but, be wary of stories you hear online as there are often exceptions to most any "rule". It is also possible that the officer will state at trial that he stopped you for something else in addition to the insurance. OR law may not (and probably does not) require him to cite for the original offense for which you are detained.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #26
    Join Date
    Sep 2010
    Posts
    19,485

    Default Re: In Oregon Can Police Stop You for Suspicion of Expired Insurance

    I can state that he's wrong about the secondary offense in all 50 states. Failure to have insurance results in registration revocation in several states that I am aware of and driving around with revoked plates is an obvious crime that merits a stop.

  7. #27
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,523

    Default Re: In Oregon Can Police Stop You for Suspicion of Expired Insurance

    Quote Quoting flyingron
    View Post
    I can state that he's wrong about the secondary offense in all 50 states. Failure to have insurance results in registration revocation in several states that I am aware of and driving around with revoked plates is an obvious crime that merits a stop.
    Agreed.

    That happens in a great many states, I am sure. It happens in my state. I suspect that is what happened here - that the insurance was allegedly lapsed and the registration suspended or revoked as a result.

    Which is why I also suspect the officer who made the stop will have a bit more to say on the matter if it ever goes to trial.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #28
    Join Date
    Oct 2016
    Posts
    3,671

    Default Re: In Oregon Can Police Stop You for Suspicion of Expired Insurance

    Quote Quoting mbcaps
    View Post
    I have read that no insurance is considered a secondary offense in all 50 states ...
    You heard wrong. While there may be states that consider it a secondary offense and that there may be states that have either laws or policies that don't allow that to be the reason to pull one over neither is universal among all 50 states.

  9. #29
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: In Oregon Can Police Stop You for Suspicion of Expired Insurance

    Quote Quoting mbcaps
    View Post
    I have read that no insurance is considered a secondary offense in all 50 states and police cant stop you for a secondary offense. Even if the information on computer says no insurance they have to have witnessed a primary offence and stop someone for that primary offence. Which in this case the officer clearly stated immediately that he stopped me for expired insurance, a secondary offense. Furthermore my insurance company just confirmed to me that there has been no lapse or expiration on my insurance and no report from them of any such events.
    If you wish,to,defend using such an argument you have to be able to prove your claim. Cdwjava could not find anything supporting your claim. I found one very unofficial claim no insurance is only a secondary enforcement violation.

    if you can support your claim it is a secondary enforcement violation, you best hope the cop doesn’t have notes or testify to having a valid primary enforcement violation as the real reason for the stop. As I said, if he claims he was aware of your drivers license issue, that alone would allow a stop. The problem with such stops is some states have required the cop to be able to have a valid argument they had visually identified the driver and they match the description of the registered owner of the vehicle. Stops without being able to claim it was a reasonable belief the registered owner was the person driving the vehicle and therefore the no license issue a valid claim, it was not a valid stop. That may play to your defense should you decide to fight this. Offhand I don’t know Oregon’s position on the matter. The cop may not have stated that as the reason due to the sometimes successful defense the cop could not have been able to reasonably ascertain the driver was the actual registered owner and thusly made the stop invalid. To avoid that argument he told you there was no insurance registered with the state on your vehicle. Maybe he has been successful in court before using such a basis for stops.


    As a bit of information not directly applicable to the case at hand but may be of interest to Oregon drivers in general, it would appear a cop is not allowed to question a driver when stopping them regarding issues outside of the actual reason for stopping them without reasonable suspicion there is some other crime afoot.


    https://www.lawenforcementtoday.com/oregon-makes-it-illegal-for-cops-to-look-for-other-crimes-during-traffic-stops/

  10. #30
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    320

    Default Re: In Oregon Can Police Stop You for Suspicion of Expired Insurance

    madcap, I did find a few states where it is a secondary offense, but the ONLY way ALL 50 follow it, is if it a United States Supreme Court decision, period. If you have such case law, please share it.

    The USSC has ruled many many times, an investigative stop is Constitutional under the 4th Amendment when a law has been violated. Having no insurance violates the law. It is up to each state to include it, either by statute or case law, if they wish. As the SC has also ruled, a State is free to adopt stricter Search and Seizure mandates then the Federal Constitution permits.

    1. Sponsored Links
       

Page 3 of 3 FirstFirst 1 2 3

Similar Threads

  1. Search and Seizure: Can an Officer Make a Traffic Stop Without Reasonable Suspicion
    By marshap in forum Criminal Procedure
    Replies: 5
    Last Post: 03-08-2016, 11:59 AM
  2. Criminal Investigations: When do the Police Have to Articulate Reasonable Suspicion
    By Ranimal in forum Police Investigations
    Replies: 17
    Last Post: 02-06-2014, 10:39 AM
  3. Auto Insurance: Can You Be Pulled Over on Suspicion of Driving Without Insurance
    By Browne in forum Insurance Law
    Replies: 1
    Last Post: 08-08-2012, 05:43 PM
  4. Lights, Signs and Traffic Controls: Failure to Stop at Stop Sign: Oregon Statutes, Sec. 811.265
    By mh100252 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 04-27-2010, 04:27 AM
  5. Fender Bender in Tennessee - Expired Insurance Given, No Police Report
    By nebuspp in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 02-16-2010, 06:59 AM
 
 
Sponsored Links

Legal Help, Information and Resources