Help on a no proof of insurance ticket - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

Cole436 · 02-11-2011, 05:41 PM

Alright, so after quite a good stretch of a perfect driving record I'm having a little bit of an issue.
I was pulled over for speeding in what I thought was a 60 zone, turned out to be a 50 zone, and I begged and pleaded with the cop not to give me a speeding ticket. He asked for my registration and insurance, and as I went to grab my insurance I realized that it was my temp 30 days that I had in my car and not my actual pink slip.

Cop came back and told me that he was going to give me a ticket for not having proof of insurance but only a warning on the speeding, which was great of him. He also told me that if I want to fight the ticket he was going to write that I was given a warning for speeding on the ticket.
Now since I did have insurance I want to know if, and how, I can fight the ticket.

Inb4: PAY THE TICKET AND SHUT UP
I'm a poor student, I need all the money I can get and I know the cop did me a huge favour.

burn_this_city · 02-11-2011, 05:43 PM

Just pay the $90 insurance ticket, it was probably cheaper than the speeding ticket you were destined to get, plus its 0 demerits.

Cole436 · 02-11-2011, 05:46 PM

Quote:

Originally Posted by burn_this_city

Just pay the $90 insurance ticket, it was probably cheaper than the speeding ticket you were destined to get, plus its 0 demerits.

It's $170
It's not pocket change to a guy who can only work two days a week

Madman · 02-11-2011, 05:46 PM

It's a ticket for failing to produce proof of insurance, not for failing to have insurance at all - unfortunately you are guilty.

Dion · 02-11-2011, 05:50 PM

Be thankful the copper didn't give you the speeding ticket and a loss of demerit points.

Cole436 · 02-11-2011, 05:51 PM

Quote:

Originally Posted by Dion

Be thankful the copper didn't give you the speeding ticket and a loss of demerit points.

Quote:

Inb4: PAY THE TICKET AND SHUT UP
I'm a poor student, I need all the money I can get and I know the cop did me a huge favour.

As stated

puckluck · 02-11-2011, 05:52 PM

Follow the instructions on the back of the ticket and it should give you all the information you need about fighting the ticket.

You can probably get it reduced if you tell them you can't afford $170, but there is no way you will get out of the ticket all together. Pretty open and shut case.

BTW if the cop wants to be a prick and realizes you are fighting the ticket he can still give you the speeding ticket.

Cole436 · 02-11-2011, 05:55 PM

Quote:

Originally Posted by puckluck

Follow the instructions on the back of the ticket and it should give you all the information you need about fighting the ticket.

You can probably get it reduced if you tell them you can't afford $170, but there is no way you will get out of the ticket all together. Pretty open and shut case.

BTW if the cop wants to be a prick and realizes you are fighting the ticket he can still give you the speeding ticket.

They can actually do that?

puckluck · 02-11-2011, 05:58 PM

Quote:

Originally Posted by Cole436

They can actually do that?

Yep, if I'm not mistaken they have 6 months to give you a ticket.

valo403 · 02-11-2011, 06:24 PM

Quote:

Originally Posted by puckluck

Yep, if I'm not mistaken they have 6 months to give you a ticket.

I'm not certain about this, but it seems like there'd be a pretty decent argument to be made that if the cop decided to bring the speeding charge because you fought the other charge he'd in effect be denying you your right to contest the insurance ticket, or at least putting up such a large deterrent to doing so that it would effectively achieve that result. I wonder if this has come up before, seems like it would be ripe for some sort of drawn out and costly legal battle.

As for the OP, tough break. Probably hard to get out of the ticket completely, but if you have the time (if you're at UC just skip class, worked out great for me) it might be worth it to see if you can get the fine reduced. If you don't have to skip work to contest a ticket it becomes a much more palatable option.

puckluck · 02-11-2011, 06:36 PM

Quote:

Originally Posted by valo403

I'm not certain about this, but it seems like there'd be a pretty decent argument to be made that if the cop decided to bring the speeding charge because you fought the other charge he'd in effect be denying you your right to contest the insurance ticket, or at least putting up such a large deterrent to doing so that it would effectively achieve that result. I wonder if this has come up before, seems like it would be ripe for some sort of drawn out and costly legal battle.

As for the OP, tough break. Probably hard to get out of the ticket completely, but if you have the time (if you're at UC just skip class, worked out great for me) it might be worth it to see if you can get the fine reduced. If you don't have to skip work to contest a ticket it becomes a much more palatable option.

If he lets you fight the insurance ticket first and then gives you the speeding ticket after the court date how would he be denying your right on contesting the insurance ticket? He has 6 months so he can wait untill the judgement on the insurance ticket where you had the right to fight it off and tell your story.

I doubt cops end up doing it, but they can if they want.

BlackArcher101 · 02-11-2011, 06:36 PM

He's giving a decent break. AFAIK, the insurance ticket is a non-moving violation, meaning no demerits. This alone makes it better than the speeding ticket.

Yes, you can still go get it reduced, but usually the cop can re-write another one. I say usually, because in this case he told you he was going to give you a warning and record it as such. Hard to go back against that. So in this case, getting it reduced (likely by half) may be worth it.

Unfortunately it's not one of those tickets you can take your insurance slip into a police station and prove you had it, removing it entirely.

valo403 · 02-11-2011, 06:42 PM

Quote:

Originally Posted by puckluck

If he lets you fight the insurance ticket first and then gives you the speeding ticket after the court date how would he be denying your right on contesting the insurance ticket? He has 6 months so he can wait untill the judgement on the insurance ticket where you had the right to fight it off and tell your story.

I doubt cops end up doing it, but they can if they want.

He'd still be effectively imposing a penalty upon you for exercising your right to contest a ticket. If the penalty is enough to dissuade someone from contesting a ticket the right to contest has basically been removed. It wouldn't matter if it came before or after, all that does is switch it from compelling you to not exercise your right to punishing you for doing so.

I have no idea if that argument would hold up, but it seems like it could be a reasonable one to make in that situation.

CrusaderPi · 02-11-2011, 06:45 PM

Apparently you should not pay for drinks at the sattledome. Or you should. I can't remember.

Yeah_Baby · 02-11-2011, 06:49 PM

Quote:

Originally Posted by CrusaderPi

Apparently you should not pay for drinks at the sattledome. Or you should. I can't remember.

Which is the more adult option?

AvsJerk · 02-11-2011, 06:55 PM

Save your money for that trip to Mexico that you've always wanted. Screw the courts and screw the insurance company and screw the cop that ticketed you.
Enjoy the senoritas and margaritas, deal with consequences when you enter customs.

Edit: I see that the Mexico card has already been played in thread concerning the handicapped parking spot...never mind then.

Handsome B. Wonderful · 02-11-2011, 07:11 PM

Quote:

Originally Posted by Cole436

Inb4: PAY THE TICKET AND SHUT UP
I'm a poor student, I need all the money I can get and I know the cop did me a huge favour.

In your situation you should look in to being a responsible driver, having your insurance up to date, and not speeding.

T@T · 02-11-2011, 07:11 PM

Take it to court, I have beaten 2 of them as I'm an idiot who keeps forgetting to put the new pinks in the truck. both times the prosecutor threw them out when I showed proof.

puckluck · 02-11-2011, 08:50 PM

Quote:

Originally Posted by T@T

Take it to court, I have beaten 2 of them as I'm an idiot who keeps forgetting to put the new pinks in the truck. both times the prosecutor threw them out when I showed proof.

What? the ticket was for failing to show proof not failure to have insurance.

You can't get off failure to show proof by showing proof at another time. You probably got a more expensive failure to have insurance ticket.

Thor · 02-11-2011, 09:25 PM

When I went to my insurance after being pulled over without my insurance proof, the agents told me the police had no right to ask for it.

Not sure if that is true, but they said next time tell the police you are insured and that they can contact your insurer to prove it.