Results 1 to 9 of 9
  1. #1
    Join Date
    May 2007
    Posts
    2

    Default No Insurance Card Handy When Pulled Over

    I was given a sliding scale citation for not providing an insurance card. I signed not guilty and sent it in to the DJ's office.

    I do have valid insurance just couldn't find my card. There is a sliding scale of $300 to $400 for an offense of no insurance in PA.

    My question is, although I have insurance can the DJ still charge me on their sliding scale amount for not having my insurance card with me?

    Thanks for your help.

    -jim

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: No Insurance Card Handy When Pulled Over

    Yes. The law requires that you show evidence of financial responsibility when requested by an officer. You weren't able to do that.

  3. #3
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: No Insurance Card Handy When Pulled Over

    Seems a little harsh to me. Check your PA laws. In WA our law reads:
    Quote Quoting RCW 46.30.020(2)
    (2) If a person cited for [no proof of insurance] ... appears in person before the court ... and provides written evidence that at the time the person was cited, he or she [had insurance], the citation shall be dismissed and the court ... may assess court administrative costs of twenty-five dollars.
    I would guess that PA has something similar.

    Barry

  4. #4
    Join Date
    May 2007
    Posts
    2

    Default Re: No Insurance Card Handy When Pulled Over

    Anyone know PA law as to this matter?

    thanks-jim

  5. #5
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: No Insurance Card Handy When Pulled Over

    Is this what you're looking for:
    Chapter 17. Financial Responsibility
    Subchapter H. Proof of Financial Responsibility
    1784. Proof of financial responsibility following violation.
    A defendant who is convicted of a traffic offense, other than a parking offense, that requires a court appearance shall be required to show proof of financial responsibility covering the operation of the vehicle at the time of the offense. If the defendant fails to show proof of financial responsibility, the court shall notify the department of that fact. Upon receipt of the notice, the department shall revoke the registration of the vehicle. If the defendant is the owner of the vehicle, the department shall also suspend the operating privilege of the defendant.

  6. #6
    Join Date
    Apr 2007
    Posts
    541

    Default Re: No Insurance Card Handy When Pulled Over

    Citing Pennsylvania Code

    219.6. Acceptable proof of financial responsibility.


    (a) I.D. card. For the purposes of this chapter, the I.D. card in 31 Pa. Code Chapter 67, Subchapter B (relating to evidence of financial responsibility) shall be considered evidence that the motor vehicle was covered by a policy of motor vehicle liability insurance or was self-insured.
    (b) Other documents. A person who is unable to produce and exhibit an I.D. card as prescribed in subsection (a) may produce one of the following documents as evidence that the motor vehicle was covered by a policy of motor vehicle liability insurance:
    (1) The declaration page of the insurance policy or a copy thereof.
    (2) A copy of a valid binder of insurance which contains all of the information required to appear on the I.D. card, excluding policy number.
    (3) A copy of an application for insurance to the Pennsylvania Automobile Insurance Plan which contains the information required to appear on the I.D. card, excluding the policy number, and is signed by a licensed insurance agent or broker.
    (c) Newly purchased vehicles. If the vehicle was purchased within 30 days prior to the demand, a document enumerated in paragraph (1), (2) or (3) which covers another vehicle owned by the owner of the vehicle being driven at the time of the demand will constitute proof that the vehicle in question was insured at the time of the demand.
    (d) Expiration. A copy of a valid binder of insurance or an application for insurance to the Pennsylvania Automobile Insurance Plan will be acceptable as proof of financial responsibility for a period of 30 days from the effective date of the policy. If more than 30 days have elapsed from the effective date of the policy, a copy of the declaration page of the insurance policy, or an I.D. card, if issued, shall be displayed. (e) Production of proof of financial responsibility to avoid revocation or suspension. A person who fails to produce proof of financial responsibility as required by this chapter will avoid the revocation of vehicle registration and suspension of the operating privilege, if the person produces, within 5 days, acceptable evidence of financial responsibility valid at the time of the offense or accident to the court, police officer or the driver of a vehicle which is involved in a motor vehicle accident.
    As I don't see anything addressing the fines applicable for not producing documentation at the time, I would be hesitant to say that the fines will be dismissed.

  7. #7
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: No Insurance Card Handy When Pulled Over

    Fines aren't listed in the statutes for any violation. So, with your logic, all violations of the law will be dismissed.

  8. #8
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: No Insurance Card Handy When Pulled Over

    Nice finds, Moburkes and Jojo4. You can see the same thing here. Just scroll on down to Subchapter H 1786 (g):
    (g) Defenses.--
    (1) No person shall be convicted of failing to produce proof of financial responsibility under this subchapter or section 3743 (relating to accidents involving damage to attended vehicle or property) or 6308 (relating to investigation by police officers) if the person produces, at the office of the issuing authority within five days of the date of the violation, proof that he possessed the required financial responsibility at the time of the violation.
    Yep, it looks like it will be dismissed. Now, if you don't take care of it within 5 days, who knows....

    Barry

  9. #9
    Join Date
    Apr 2007
    Posts
    541

    Default Re: No Insurance Card Handy When Pulled Over

    I should have said (but didn't because I was focused on the fines as opposed to the other reprecussions) that it says nothing about dismissal of the citation. Some states do. Pa doesn't seem to.

    edited to say;;;

    I stand corrected. Pa does address dismissal of the citation if proof is produced withing 5 days.

    Should have kept reading.

    1. Sponsored Links
       

Similar Threads

  1. Drug Possession: Pulled Over, Marijuana Confiscated, Did Not Have Medical Card Present
    By billyh in forum Criminal Charges
    Replies: 3
    Last Post: 05-03-2011, 09:40 PM
  2. Health Insurance: Daughter Used Terminated Insurance Card Rather Than New Insurance Card
    By kittycons in forum Insurance Law
    Replies: 3
    Last Post: 04-11-2011, 05:51 PM
  3. Ticket Errors: Ticket for No Insurance Due To Lack of Expiration Date on Insurance Card
    By MalibuMafiaV in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 10-26-2009, 06:24 PM
  4. Auto Insurance: Pulled Over with No Insurance, Had Rollover Insurance from Old Vehicle
    By traci3982 in forum Insurance Law
    Replies: 1
    Last Post: 01-12-2009, 07:04 AM
  5. Replies: 1
    Last Post: 07-06-2005, 02:49 PM
 
 
Sponsored Links

Legal Help, Information and Resources