Are there points involved for getting a ticket for expired insurance?

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mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: Vic
Uh... no. I imagine this varies by state, but police have a very limited timeframe to file infractions (like speeding) against drivers, usually 2 weeks. Speeding is not an actual crime, it's a traffic infraction, with entirely different rules. The officer either did witness the infraction and wrote a ticket in a timely fashion, or he did not. He can't come back 2 months later at the hearing and issue a ticket then because he didn't like the outcome of what he actually did choose issue at the scene. Exactly what excuse will the officer have for the judge as to why he didn't issue the ticket at the scene as the law directed him to do?

I imagine it does vary by state, and I don't claim to know everything there is to know about NJ law, I was simply raising a possibility to consider based on what I recall from the scanned letter from his lawyer bmacd posted.

And I don't think judges are oblivious to the fact that officers don't always issue all of the tickets they could in a traffic stop.
 

Vic

Elite Member
Jun 12, 2001
50,422
14,333
136
Originally posted by: mugs
I imagine it does vary by state, and I don't claim to know everything there is to know about NJ law, I was simply raising a possibility to consider based on what I recall from the scanned letter from his lawyer bmacd posted.

And I don't think judges are oblivious to the fact that officers don't always issue all of the tickets they could in a traffic stop.
I don't recall bmacd's situation. Was it a speeding ticket or something more serious? Like I said, traffic infractions are not crimes.

And this isn't up to the judge. It's law. I've gotten out of tickets because the officer didn't file within the proper timeframe.

I dislike the possibility you raise because it would be unethical on the officer's part. You always have the right to contest your guilt in a court of law.
 

mercanucaribe

Banned
Oct 20, 2004
9,763
1
0
Dude. You are LUCKY. For one thing, all you have to do is show the court your current insurance and the charges are dismissed. You got off scott free for 60 in a 35.

You == teh moron. Fight it, and then get pwned for court fees plus the $180.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: Vic
I don't recall bmacd's situation. Was it a speeding ticket or something more serious? Like I said, traffic infractions are not crimes.

And this isn't up to the judge. It's law. I've gotten out of tickets because the officer didn't file within the proper timeframe.

I dislike the possibility you raise because it would be unethical on the officer's part. You always have the right to contest your guilt in a court of law.

I tried to find bmacd's thread unsuccessfully, but it's possible that it was a misdemeanor that he could have been charged with.
 

Vic

Elite Member
Jun 12, 2001
50,422
14,333
136
Originally posted by: mugs
I tried to find bmacd's thread unsuccessfully, but it's possible that it was a misdemeanor that he could have been charged with.
And that would make it a totally different situation. With actual crimes (misdemeanors and felonies) the police have until the statute of limitations to file charges.

If the OP's dad's car did have insurance at the time of the citation, then he will get off easy. All he has to do is provide a copy of the proof to the court and they will drop the ticket. I had to do that once even. I got pulled over in a small town in WA state for a bogus reason, the card in my glovebox was a few days expired, and the prick cop wouldn't let me open the trunk to get my new card out of my briefcase, but insisted on writing the ticket (and I was polite and everything, this cop was just a real ass). I called up the court the next business day and faxed them the current proof, they instantly dropped the charges.
Anyway, the OP is lucky he doesn't live in an area where they tow cars on the spot if the driver isn't carrying valid proof of insurance.
 

DVK916

Banned
Dec 12, 2005
2,765
0
0
Originally posted by: jaedaliu
Originally posted by: DVK916
Also insurance companies don't look at points, they look at what the violation actually was.

AAA does.

no proof of insurance are fix-it tickets. In California you take a current proof of insurance form to the DMV along with your ticket. You pay a $10 processing fee, and the violation is fixed.

In the state of California all violations are only 1 point except for a very few which are 2 points like DUI. So looking at points says nothing in California.

Example: In Cali having a minor in your car with no seatbelt gives you the same number of points are running a red light. 1 Point. I highly doubt AAA or any other company will increase your rate because a 12 year old in your car didn't have their seat belt on.
 
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