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Old 11-22-2013, 09:22 PM   #41
07CBR
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Quote:
Originally Posted by Classax View Post
They can't site you for no insurance unless,
A. Your insurance information does not come up in the state data base at the EXACT MOMENT of the stop, in which case you WILL be sited must show proof to the court. If your proof does not show coverage at the time of the stop you be convicted and its surcharge city.
B. You provide a fraudulent insurance card that does not reflect an active policy in the state data base, see point A
C. You provides a valid insurance card that does not reflect an active policy in the stae data base, but you later prove to the court that it was active at the time of the stop, the case would be dismissed with no conviction and no surcharge.

The last time I was stopped I didn't have it on me and they pulled me up in the data base. Told me to slow it down and sent me on my way.
They dont cite you for no insurance, they cite you for "failure to provide proof of insurance. "
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Old 11-22-2013, 09:46 PM   #42
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Wow. I keep my insurance card in my trunk. I was charged with it once in 07. The dismisses it with proof, and no fees. They did hammer me with a $275 fine for smoked plate covers, though.
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Old 11-22-2013, 10:01 PM   #43
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Same thing happend to me a few years ago but I was too lazy to show proof. According to a lawyer buddy, I can still today get my $$$back. Too bad I'm still too lazy
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Old 11-23-2013, 03:06 AM   #44
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Hmmm, I was cited a while back, my card was expired and I hadn't put the new one in my wallet yet. I went to the courthouse with a current insurance card and the lady called a number and received verbal conformation that I was insured on the day of the traffic stop. I believe I signed a paper or something and she sent me on my way I will be hella to see a surcharge come about...
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Old 11-23-2013, 05:18 AM   #45
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I always keep a copy on the bike somewhere in a ziploc bag. No matter how hard it is to get to i.e. remove seat, side cover, etc. it can be produced. But what I always show is the copy I keep in my wallet. After all you need to dig into your wallet for your DL so why not have the insurance card in the same place?

As for the surcharge, yes I agree a little too steep. But honestly if it was too cheap then people wouldnt care and wouldnt worry about it. There are costs for not being able to produce proof of insurance, cops time, paperwork and subsequent data entry back at the station, court data entry, court mailing, judges time, courthouse staff's time and overhead, etc. It does really have significant costs involved being paid by us the taxpayers for someone too lazy or not caring to carry proof so why not get the money for all that from the one that caused it? But those with a truly honest mistake of not having it with them pay the price which is impossible to separate from the other.

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Old 11-23-2013, 10:01 AM   #46
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I think you can claim your indigent and get it reduced.
https://www.txsurchargeonline.com/%2...29%29/FAQ.aspx

Lesson learned always carry proof on current insurance.
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Old 11-23-2013, 10:01 AM   #47
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Quote:
Originally Posted by SilverBullet View Post
It does really have significant costs involved being paid by us the taxpayers for someone too lazy or not caring to carry proof so why not get the money for all that from the one that caused it? But those with a truly honest mistake of not having it with them pay the price which is impossible to separate from the other.

_
Impossible to separate? Sure, it's called proof provided by the individual at the time of the stop or at court.

The crazy thing is, the electronic system that the police see, is not "real time" data. My wife was hit by a person who did not have proof of ins. on them, but the system said they did. Guess what, they had no ins. and we had to cover the repairs under our policy. Oh, and the person did not receive a citation even though they were shown to be at fault.

I feel that if the data is flawed (and the police and I'm sure everybody else within the law system know it is), then why use it? Stick with the paper proof. If you don't have the card at the time of the stop, sure you get the ticket. BUT if you WERE/ARE covered and just didn't have the card, it should get dismissed or maybe even a small one-time fee to help one remember to carry the card.
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Old 11-23-2013, 11:14 AM   #48
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Go back and read the section on POINTS. It talks about 2 points for each conviction and 3 points for each conviction with a crash. Then it says $100. for the first 6 points, and $25. for each point after that. I believe their math is flawed. From what I calculate, in order to get $750. you would have to have received ($100 for the first 6 points; then $650 / $25 = 26) 6 + 26 = 32 points. That would be roughly 15 tickets on your record.

The trouble is, when you try to straighten it out, you are probably dealing with people who have an IQ of about 37. Still worth a try.
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Old 11-23-2013, 11:30 AM   #49
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I'm sure this is an error that can be cleared up
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Old 11-23-2013, 11:55 AM   #50
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I had to make a payment every month, for 12 months due to going over my point limit... Gave me the option for making the payments for being a "Habitual Violator" Or lose my license for a year... Sucked but it was my fault for never slowing down... Are you sure you're not over your point limit?
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Old 11-23-2013, 11:58 AM   #51
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If you weren't CONVICTED, don't see how they are surcharging you....Im still amazed you can get convicted with current coverage

No Insurance Conviction

Individuals convicted of No Insurance but who had insurance at the time of the offense can submit proof of insurance to DPS. The suspension for the No Insurance offense will be waived but the individual must still pay the surcharge.
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Old 11-23-2013, 12:18 PM   #52
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Quote:
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If you weren't CONVICTED, don't see how they are surcharging you....Im still amazed you can get convicted with current coverage

No Insurance Conviction

Individuals convicted of No Insurance but who had insurance at the time of the offense can submit proof of insurance to DPS. The suspension for the No Insurance offense will be waived but the individual must still pay the surcharge.
FTP, obviously.
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Old 11-23-2013, 01:56 PM   #53
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Quote:
Originally Posted by xxjarrodxx View Post
I thought that September 1st they signed into state law that they had to take the phone app as a form of insurance proof.
Yea well you better have a paper copy of that with you if you don't have a copy of your ins. cause it sounds like the beat cops haven't gotten the memo.
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Old 11-23-2013, 03:28 PM   #54
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I can only speak for myself on this... I am not stupid enough to assume that that law enforcement is responsible for the policies of the law... so to anyone who isn't an idiot it is obviously NOT FTP. That being said, the way that is written makes no sense. What possible way do you get convicted of having no insurance if you have insurance?
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Old 11-23-2013, 03:41 PM   #55
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Having no PROOF of insurance is different than having nothing at all.
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Old 11-23-2013, 04:04 PM   #56
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Quote:
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Having no PROOF of insurance is different than having nothing at all.
Amazing insight
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Old 11-23-2013, 11:12 PM   #57
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Quote:
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I do not argue that it is not a racket, it is simply not the cops who put this racket into operation. Your elected officials did.
I have no problem with a surcharge to cover the cost of the court, I do have a problem with 3 years of it. I simply do not know what it cost to run a court for a day, but what ever the cost of that is, divided by the time that going to court and showing that you did indeed have insurance, is all the person should have to pay, because if they observed the law and had that proof on them, the whole thing could have been avoided.
Take your meds. Thousands (probably hundreds of thousands) of dollars were spent on software that would allow PD to check for current insurance simply by running a plate. ...they installed licence plate scanning camera specifically for this purpose. The court costs could have been avoided simply by the cop using the technology and simply not writing the ticket. I got stopped in Mississippi a few weeks ago. Cop ran the plate and NEVER asked for proof of insurance. If backwoods-assed MS can do it there's no reason Texas can't.
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Old 11-24-2013, 01:13 AM   #58
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Quote:
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I thought that September 1st they signed into state law that they had to take the phone app as a form of insurance proof.
Yeah, they also signed a law that says all traffic signals have to be able to recognize that a motorcycle is sitting there. They don't all do that and if you run the light, guess what?
You can still get a ticket. You may be able to fight it but it's on you...
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Old 11-24-2013, 12:11 PM   #59
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Quote:
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I would go so far as to say that ALL traffic violation fines are a racket.
They are there to produce revenue. If it were really about traffic safety, when folks violated the law, they would impound their vehicle and take their license, end of problem.
I would LOVE to see this in response to people who really don't have insurance (as opposed to the people who fail to carry proof of insurance).

Of course... if you fail to carry your proof of insurance, it'd mean that you would also get your car towed & impounded, and your driver's license seized on the side of the road - until you come back with your proof of insurance. And pay the wrecker fee, storage fee, impound fee... So we'd still have all the whining (and then some) from people who have a hard time tucking a small scrap of paper in their wallet.
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Old 11-24-2013, 12:23 PM   #60
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Quote:
Originally Posted by rhenriksen View Post
I would LOVE to see this in response to people who really don't have insurance (as opposed to the people who fail to carry proof of insurance).

Of course... if you fail to carry your proof of insurance, it'd mean that you would also get your car towed & impounded, and your driver's license seized on the side of the road - until you come back with your proof of insurance. And pay the wrecker fee, storage fee, impound fee... So we'd still have all the whining (and then some) from people who have a hard time tucking a small scrap of paper in their wallet.
Dallas area agencies tow if driver has no insurance.....Houston say no can do.....

http://www.dallascityhall.com/police/towing.html
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