Accidentally Provided Expired Proof Of Insurance, Officer Refused Current Proof

[Lawson]

We live in Michigan - and I know that if a person is stopped (in this case, for speeding 10 miles over the limit), and questioned by a law enforcement official, they must provide proof of insurance, etc.; and that a citation is generally issued if the person cannot provide such documentation. --- But what if they provided the expired certificate, in error?... and if upon returning to the drivers window, the officer refused to acknowledge (after being advised that the expired one had in error, been handed to them) - or refused to take into his hand, the offered CORRECT and valid certificate, upon returning to the driver with his already written civil infraction (for failure to provide proof of insurance) in hand?? In fact, both the driver AND the passenger (to whom the vehicle belonged) attempted to explain that the initial certificate handed to them was the wrong one, but the officer would not accept it, would not recognize their attempt to correct the error – or respond in any cognizant way, other than to advise them to "...drive safe, and have a good evening..." before turning and walking away. What was that?... Can an officer do that?... and have it stick?? A simple refusal to allow a human error to occur? I know the easy thing to do is to just show them the certificate (AGAIN) and pay the darn court fees of $25 --- at our expense, again. But it's money that is needed elsewhere. Any ideas on how to present this to the judge, would be appreciated.

[aaron]

Generally speaking, you can get the ticket dismissed if you submit to the court proof that you were in fact insured at the time of the incident. Some courts will even let you fax in your proof of insurance. Ask the court.

[Lawson]

Thanks for the suggestion on faxing. I will call and ask them, and hope that they allow us to ‘prove’ (a second time), without being required to pay the $25 fee. I guess that is what’s frustrating (and maybe I'm wrong here – but I don’t think so - according to how the statute is written). In any case, I believe that there will be a $25 fee for the court's 'time and expense' in having to dismiss the citation - which is a citation that never should have been issued, because the valid proof was shown at the scene - once the oversight was discovered and the police officer returned to the vehicle. $25 may not seem like much to many people --- and in our case, yes - we can – and likely, will - pay it, and move on (somewhat begrudgingly – because it’s the principal of the matter). The bottom line is, MI is facing tough times – and I know that there are an awful lot of people out there who simply cannot take on any more extra little fees or fines that authorities prefer we just pay and shut up… Again - if this were a legitimate citation – I would willingly pay my dues with no hesitation. But it isn’t – unless… (which brings me to my 2nd 'issue') … this exemplifies a new function in these types of statutes and police duties (i.e., means for additional revenue?) – in which case, I would almost feel better if it were openly publicized as such.

It would seem that the ‘proof of insurance’ law initially was to make certain that drivers were properly insured, so that financial risks and loss were minimized – which is a reasonable and rational approach. And getting cited for not being – or not having proof of insurance, is incentive enough for most people. But when that ‘correct’ proof was brought to the officer’s attention – it became completely irrelevant, at that point. So again, I feel compelled to ask - what was that? It doesn’t really fit into the category of ‘corruption’, because up until the ticket was presented - and handed over to the driver ... everything was on the level. The cop was just doing his job. But was it NOT his job also, to take corrective action - to stop, back up and undo what he had done?

Sorry if I’m nit-picking, here. And I’m probably ‘preaching to the choir’. But when I was a youth – that is exactly what cops did. I shudder to think how many times this happens on a daily basis --- especially in these lean economic times. It would be nice to know of some way to discourage this ‘dubiousness’ – that’s all. Thanks again, for your thoughts.

[sadstateofaffairs]

I had the same thing happen on 2-21. I actually held the up to date insurance information out the window while the officer was writing the ticket. However I was told he did not care when I notified him first thing upon his return to the vehicle. Mine was also in MI. Its an awfully sad way of collecting money from a citizen.... Oh well $25 dollars out the window at this point because an officer was rushing me while I provided the information, I didn't even have the chance to unfold the paper before he took it from me...