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Old 01-03-2012, 10:54 PM
 
3 posts, read 11,639 times
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Default Caught with no valid registration and no proof of insurance

I got caught about 1 1/2 weeks in omaha with no valid reg on my new car and no proof of insurance. I have to go to court in 3 weeks and get this taken care of but I'm curious what kind of penalty to expect.

I received a violation/warning ticket that needed to be signed off on by the cop that stopped me if I provided proof of insurance and registration (which I got and then had signed off on - I went to the state police office and showed it). I'll go to the prosecutors office tomorrow and show him as well if I can reach him.

I've only been without insurance for a month which was after I got my new car. This is also my first offense. The cop didn't stop me for any reason other than the non valid registration. I did have proof at the time that the car was indeed mine. I heard that they suspend your license if this is the case. If so how long? What should I expect? I know it wouldn't hurt to bring a lawyer but would it really be necessary?

should i also plead guilty?

any advice appreciated

Last edited by jakesmith85; 01-03-2012 at 11:09 PM..
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Old 01-04-2012, 09:16 AM
 
369 posts, read 775,342 times
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If you register the car and have proof of insurance within 10 days, the citation (if you received one) is dropped when you show proof to the prosecutor.

If you got just a warning/correctional/"fix-it ticket" then there is nothing to plead guilty to. Insure and register your vehicle and get is signed off and mailed in and you are good to go.

If you take care of your stuff right away, there is no fine, no court appearance, nothing. If you blow it off, it gets expensive quick.
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Old 01-04-2012, 01:46 PM
 
3 posts, read 11,639 times
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Went to the prosecutors and got the no valid registration dropped. Problem is I still have to go to court because I was not insured at the time of the offense.
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Old 01-04-2012, 03:07 PM
 
Location: Nebraska
2,671 posts, read 3,716,759 times
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Quote:
Originally Posted by jakesmith85 View Post
Went to the prosecutors and got the no valid registration dropped. Problem is I still have to go to court because I was not insured at the time of the offense.
Check with your insurance agent. If you had insurance coverage on another vehicle at the time you purchased the vehicle you were driving when stopped you probably were covered. Your insurance agent can tell you.

GL2
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Old 01-04-2012, 03:15 PM
 
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i wasn't covered at the time
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Old 01-04-2012, 03:21 PM
 
369 posts, read 775,342 times
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60-3,167. Financial responsibility; owner; requirements; prohibited acts; violation; penalty; dismissal of citation; when.

(1) It shall be unlawful for any owner of a motor vehicle or trailer which is being operated or towed with In Transit stickers pursuant to section 60-376, which is being operated or towed pursuant to section 60-365 or 60-369, or which is required to be registered in this state and which is operated or towed on a public highway of this state to allow the operation or towing of the motor vehicle or trailer on a public highway of this state without having a current and effective automobile liability policy, evidence of insurance, or proof of financial responsibility. The owner shall be presumed to know of the operation or towing of his or her motor vehicle or trailer on a highway of this state in violation of this section when the motor vehicle or trailer is being operated or towed by a person other than the owner. An owner of a motor vehicle or trailer who operates or tows the motor vehicle or trailer or allows the operation or towing of the motor vehicle or trailer in violation of this section shall be guilty of a Class II misdemeanor and shall be advised by the court that his or her motor vehicle operator's license, motor vehicle certificate of registration, and license plates will be suspended by the department until he or she complies with sections 60-505.02 and 60-528. Upon conviction the owner shall have his or her motor vehicle operator's license, motor vehicle certificate of registration, and license plates suspended by the department until he or she complies with sections 60-505.02 and 60-528. The owner shall also be required to comply with section 60-528 for a continuous period of three years after the violation. This subsection shall not apply to motor vehicles or trailers registered in another state.
(2) An owner who is unable to produce a current and effective automobile liability policy, evidence of insurance, or proof of financial responsibility upon the request of a law enforcement officer shall be allowed ten days after the date of the request to produce proof to the appropriate prosecutor or county attorney that a current and effective automobile liability policy or proof of financial responsibility was in existence for the motor vehicle or trailer at the time of such request. Upon presentation of such proof, the citation shall be dismissed by the prosecutor or county attorney without cost to the owner and no prosecution for the offense cited shall occur.
(3) The department shall, for any person convicted for a violation of this section, reinstate such person's operator's license, motor vehicle certificate of registration, and license plates and rescind any order requiring such person to comply with section 60-528 without cost to such person upon presentation to the director that, at the time such person was cited for a violation of this section, a current and effective automobile liability policy or proof of financial responsibility was in existence for the motor vehicle or trailer at the time the citation was issued.



Like Gunluvver said, check with your agent. If you had previous insurance on another vehicle, your coverage should have automatically extended to a new (to you) vehicle. If so, you would meet the 10 day requirement above, since it was in effect at the time you got pulled over.

If you didn't have any coverage whatsoever, then you are going to have to appear before a judge. You could get suspended for that...
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Old 01-04-2012, 07:11 PM
 
369 posts, read 775,342 times
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Sorry, I must have been composing my reply when you posted your last reply jake...

If you had no coverage at the time, then you could be in trouble. If you have insurance now, you are complying, so hopefully the judge won't make you go through the steps of getting suspended and having to apply to get your license back.

You could get a lawyer, but in the long run it would probably cost more than the whole process. And what would they challenge on? If you were driving around without plates or in-transits, the police have the ability to stop you. The law says you have to produce proof of insurance and you didn't. Not much you can challenge there... :/
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Old 01-04-2012, 07:43 PM
 
2,740 posts, read 5,606,632 times
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Don't waste your money on a lawyer, you don't need one. Get car insurance which you will need. When you go to court for the arraignment, you will most likely be made an offer by the DA. If you provide are able to provide proof of current insurance and show that your car registration has been resolved through the DMV, you will most likely have a fine and court feesto pay at worst and your license won't be suspended assuming you accept this probably offer from the DA. It really isn't a big issue. If you go to court without insurance, you will probably be given a coule of weeks to get covered and given a date to come back and the outcome will be the same except the process will be drawn out and you will have to be back in court.
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Old 01-04-2012, 09:40 PM
 
369 posts, read 775,342 times
Reputation: 163
^^^^Yeah, that.

BTW, the court date on your citation is nothing more than an initial hearing--not a trial. Like Chelito says, the CA (not a DA in Nebraska) will likely just let you plead guilty and pay a small fine and court costs in order to avoid a trial. They are too backlogged to take such stuff to trials unless you really want one.
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Old 01-04-2012, 10:08 PM
 
2,740 posts, read 5,606,632 times
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What is a CA? County Attorney? Court Attorney?
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