No Insurance Citation Illinois

[Matthew Sherman]

Jurisdiction

Illinois

I was stopped by police for improper lane usage. I advised the officer I would have to get my insurance card proof via my phone app. Officer said that was fine and then returned to his car. I located my valid insurance card and then officer returned I tried to show him my insurance card but he said he already wrote me an insurance ticket so I'd have to go show the card in court. Why was I still cited and given a mandatory court date even though I complied with state law and showed valid vehicle insurance during the traffic stop. Thanks.

 

[adjusterjack]

Why was I still cited and given a mandatory court date even though I complied with state law and showed valid vehicle insurance during the traffic stop.

Because you failed to comply with the request for proof of insurance when he asked for it.

When he took your license and registration and walked away, it was too late.

(b) Any person who fails to comply with a request by a law enforcement officer for display of evidence of insurance, as required under Section 7-602 of this Code, shall be deemed to be operating an uninsured motor vehicle.

Illinois Compiled Statutes 625 ILCS 5 Illinois Vehicle Code. Section 3-707 - Illinois Attorney Resources - Illinois Laws (onecle.com)

The "letter of the law" is that you have to comply when requested. You didn't.

In the future carry the state required insurance card with your license and registration so you can hand over all three together. The card, not a picture on your phone.

It's possible that the ticket can be dismissed if you show the court that you had the required insurance at the time of the traffic stop.

READ THIS CAREFULLY:

Failure to Carry Proof of Insurance, No Insurance Ticket (lakecountycircuitclerk.org)

It's from Lake County so you'll want to make sure that you find out your local court's requirements and follow them to the letter. Start now. Don't wait until the last minute.

 

[zddoodah]

Why was I still cited

How could anyone here possibly know the answer to this question? Only the citing officer knows the answer.

 

[adjusterjack]

The answer is in the wording of the statute.

 

[PayrollHRGuy]

It was a strange move on the part of the cop. IL specifically allows electronic images. The only thing I can think happened is A. the OP was slow to get the data and B. it didn't show up on the cop's system when he ran the plates, or C. the OP did something to upset the cop during the stop.

(h) the display of electronic images on a cellular
phone or other type of portable electronic device. The use of a cellular phone or other type of portable electronic device to display proof of insurance does not constitute consent for a law enforcement officer, court, or other officer of the court to access other contents of the electronic device. Any law enforcement officer, court, or officer of the court presented with the device shall be immune from any liability resulting from damage to the mobile electronic device.

 

[Zigner]

It was a strange move on the part of the cop. IL specifically allows electronic images. The only thing I can think happened is A. the OP was slow to get the data and B. it didn't show up on the cop's system when he ran the plates, or C. the OP did something to upset the cop during the stop.

(h) the display of electronic images on a cellular
phone or other type of portable electronic device. The use of a cellular phone or other type of portable electronic device to display proof of insurance does not constitute consent for a law enforcement officer, court, or other officer of the court to access other contents of the electronic device. Any law enforcement officer, court, or officer of the court presented with the device shall be immune from any liability resulting from damage to the mobile electronic device.

It could also be something farther down in the law:

"Display" means the manual surrender of the evidence of
insurance into the hands of the law enforcement officer, court,
or officer of the court making the request for the officer's,
court's, or officer of the court's inspection thereof.

 

[PayrollHRGuy]

It could also be something farther down in the law:

"Display" means the manual surrender of the evidence of
insurance into the hands of the law enforcement officer, court,
or officer of the court making the request for the officer's,
court's, or officer of the court's inspection thereof.

I understand that and the OP says he tried to do so but it seems he took to long to do it.

 

[Zigner]

I understand that and the OP says he tried to do so but it seems he took to long to do it.

I tend to agree with you.

My only alternate thought is that the OP tried to "show" it on the phone...but that's not what the law requires. In any case, as was mentioned above, this has a good chance of being dismissed if the stop actually went according to the OP's description.

 

[adjusterjack]

To me, self-preservation dictates that I take out my insurance card, registration, and driver license and hand all three over at the same time.

 

[PayrollHRGuy]

To me, self-preservation dictates that I take out my insurance card, registration, and driver license and hand all three over at the same time.

yep. This is why my registration and insurance are in a carrier on my sunvisor and my DL and CCP are in a quick access part of my wallet.

 

[adjusterjack]

This is why my registration and insurance are in a carrier on my sunvisor

I have recommended for decades that people not leave identifying documents in their cars. Somebody breaks into your car and the next place they break into is your home. Or they steal your car, take a look at the documents and, if pulled over, "Oh, I borrowed my friend's car, here's his registration and insurance."

If somebody steals my car and gets pulled over I want him to have a hard time explaining what he's doing with it.

 

[PayrollHRGuy]

I see where you are coming from. But the chance of me not remembering to add those items each time I get in the car sort of outweigh the chance of getting my car stolen.

Maybe I'll write on my registration, "If this car is being driven by anyone other than the names on this registration it is stolen. Arrest the driver."

 

[Zigner]

Put a copy of the reg card in the car that has the street address redacted.

 

[adjusterjack]

Maybe I'll write on my registration, "If this car is being driven by anyone other than the names on this registration it is stolen. Arrest the driver."

See window sticker:

Amazon.com: Sweet Tea Decals If Driven Carefully Please Report Stolen - 8" x 3 3/4" - Vinyl Die Cut Decal/Bumper Sticker for Windows, Trucks, Cars, Laptops, Etc. : Sports & Outdoors

Put a copy of the reg card in the car that has the street address redacted.

Then you've also got the address on the insurance card.

Depending on state law, either or both may be invalid if defaced.

Anyway, mine stay in my wallet. That's my story and I'm sticking to it.

 

[Zigner]

Then you've also got the address on the insurance card.

Not mine...my address is not on the insurance cards that I have.

Depending on state law, either or both may be invalid if defaced.

That's a very good point. My experience in my state and your experience in your state is not necessarily relevant to the OP's (possible) experience in their state.

Anyway, mine stay in my wallet. That's my story and I'm sticking to it.

That's the safest bet!

 

[PayrollHRGuy]

Amazon.com: Sweet Tea Decals If Driven Carefully Please Report Stolen - 8" x 3 3/4" - Vinyl Die Cut Decal/Bumper Sticker for Windows, Trucks, Cars, Laptops, Etc. : Sports & Outdoors

That's funny.

 

[PayrollHRGuy]

Anyway, mine stay in my wallet.

The problem with this for me is twofold. First, the Arkansas Registration is way too big to go in my wallet. Second, my wife and I switch vehicles often depending on what we are doing. So I'd have to have the required docs x2 in my wallet.

 

[adjusterjack]

First, the Arkansas Registration is way too big to go in my wallet.

Arkansas-Vehicle-Registration-Certificate-Template-1160x549.jpg (1160×549) (faketemplatespsd.com)

Yeah, I see the problem. Especially since the owner has to sign the back.

Second, my wife and I switch vehicles often depending on what we are doing. So I'd have to have the required docs x2 in my wallet.

I guess number one makes number two moot, though I carry docs for all 5 of my vehicles in my wallet. Doesn't matter which one I drive, the docs are aways with me.