Got a ticket - need legal advice

[DLN1223]

What date did it expire compared to when you renewed?

+1

You're agent could have backdated the policy start time, but again that depends on the date it actually expired.

if its a couple days.......or a month.

[R1Limited]

Those liter-bikes have no chance in Hell of outrunning a Crown-Vic so I'm glad you stopped when you did. The only tickets I have ever gotten happened when I was on a highway, going from one set of twisties to another. Now I only speed on the backroads and even then, nothing too crazy. My bike likes the curves, not the straight roads. Plus it's more fun to hit a corner fast than to just fly down a road that anyone can haul ass on, really. Don't count on the cop not showing up. Just remember to renew your insurance next time...

Uh... What?

[V4junkie]

Yeah I saw that too . . . sarcasm?

[blacktalon606]

Now I know most of you guys and gals probably arent lawyers, but I'm hoping to get some info from you based on past experiences.

I got nailed doing 81 in a 65 the other day in Dayton on 675 near the Greene and I did not have proof of insurance on me. I got home and went to print out a new card and low and behold, my insurance was expired. Apparently the way I had it set up, it did not auto-renew. So now I'm pretty sure I'm fucked. I did reinstate the insurance but the card shows coverage beginning on 3/19 and I got pulled over on the 17th.

Ohio law dictates a minimum 90 day suspension of license for first time offenders. Once that term is served then I have to file for SR-22 "High Risk" Insurance as well as a $125 reinstatement fee. I also have to get the bike reregisted as well. The insurance is required for 3 years minimum. Apparently this affects all my vehicles so i wont be able to drive me jeep either.

My friends are telling me to plead not guilty next week at court and then hire a lawyer. I'm wondering if I should hire one now or what. I dont expect to get away with this, but if I can somehow that would be amazing. Hopefully the cop doesnt show or something. I dont know.

I need you advice, past experiences, etc...

What's your license worth to ya? A lawyer worth having is probably going to cost in the area of $1500. Your chances of "getting off" on the facts are 0%. Your chances of getting the case thrown out because the cop doesn't show, or keeping your license after a fine, or some other commuted sentence may be 35-40% if you get a lawyer and fight it. If you show that you had insurance regularly before that point for several years, and you show that you have insurance now, you may be able to throw yourself on the mercy of the court and get a lesser sentence by pleading guilty but with mitigating circumstances. Your changes of a 90 day suspension if you do nothing is 100%, and yes, this is for your drivers license, not just your bike license. Personally, I would go for the lawyer... because I can't afford to lose my license for 3 months. I would fail out of school, lose my job and be all around fucked... but maybe you have a better situation than I do.

One side note on th3e SR22 driving bond... those are actually awesome if you only have liability insurance anyway. Instead of paying a premium for each car you drive like insurance, the 22 is a BOND that is on YOU and covers anything you drive. So if you have 9 cars and 4 bikes it's the same price for liability as if you have one car and one bike. I looked into buying one of these just to save money beacuse I have several cars but I never really dug deep enough into it to get it done.

[ReconRat]

Ummm, come to think of it... my insurance company covers everyone for an additional month past expiration date, if you're paying for a year of coverage. I'd just renew, and if any challenge, state the obvious; "I had 30 days to renew, I did renew, and I was covered continuously by the existing policy".

[DollFace]

doh, just don't go out without a fight.

[jhl385]

I've been to court here in Akron, and seeing a ton of people that don't have ins., they get breaks if they can show they now have it. Explain to the judge, don't lie to him/her, and I'll bet you get a break. You won't get off scott free, but by being honest you'll look good in the eyes of the court.

John

[balaormiga]

I wouldn't lie or photoshop the card. Just present the new card. They most likely will not look at the dates that closely and as someone else mentioned I believe you may have a grace period anyway.

They are generally more concerned people that habitually drive without insurance. Not people that accidentally allowed it to lapse. I seem to recall a safe auto commercial where they say if you got a ticket with no insurance call them and they will "cover" you implying back dating etc.

It may not be as bad as you think.

[blacktalon606]

I wouldn't lie or photoshop the card. Just present the new card. They most likely will not look at the dates that closely and as someone else mentioned I believe you may have a grace period anyway.

They are generally more concerned people that habitually drive without insurance. Not people that accidentally allowed it to lapse. I seem to recall a safe auto commercial where they say if you got a ticket with no insurance call them and they will "cover" you implying back dating etc.

It may not be as bad as you think.

Photoshopping a legal document and presenting it in a court case would be an awesome way to get a felony charge and a prison term out of a non-jailable misdomeanor. lol. I would love to see someone try that...

[flounder]

Photoshopping a legal document and presenting it in a court case would be an awesome way to get a felony charge and a prison term out of a non-jailable misdomeanor.

+1.. my thoughts exactly

[DLN1223]

Photoshopping a legal document and presenting it in a court case would be an awesome way to get a felony charge and a prison term out of a non-jailable misdomeanor. lol. I would love to see someone try that...

it's been done......

[CBRzach]

Photoshopping a legal document and presenting it in a court case would be an awesome way to get a felony charge and a prison term out of a non-jailable misdomeanor. lol. I would love to see someone try that...

I sent emails to a couple lawyer firms in Dayton and heard back from one, but didnt get the promised call yet. It's a good thing my case isnt something real serious.

I'm not going to fabricate the insurance card. I dont need that kind of hell brought down on my head being military and all if I get caught.

I'm working Friday morning (court day) so I imagine I'll just show up in uniform and hope for the best. I'll bring the current insurance card and hope for mercy from the judge, who after looking at Fairborn's website, is a woman. Hopefully she's nice.

[jeremygsxr]

Good luck!Take her an apple. It worked with my teacher.

[DangBruhY]

The first court date is where you plead guilty or not guilty. The second one is where you actually plead your case.

Good luck

[CBRzach]

16 days left!

I lost my license on May 8th and immediately realized how much I took that priviledge for granted. The past two and half month have been interesting to say the least. I stayed true to the faith though and bought another bike...

Schwinn

I start the CBR up every once in awhile to make sure she's good to go. Cant wait to ride her again!

So come August 6th I'll be back out on the road...lawfully this time!

[Likwid]

Just be glad you aren't in Florida or Virgina. They have a different filing that requires you carry really high limits (100/300).

Stay safe, ride safe, stay covered

[Rod38um]

Ummm, come to think of it... my insurance company covers everyone for an additional month past expiration date, if you're paying for a year of coverage. I'd just renew, and if any challenge, state the obvious; "I had 30 days to renew, I did renew, and I was covered continuously by the existing policy".

+1^^

Just what I was going to say..... Call your agent and ask him then see if he can provide you the proper paper work. Most are very willing to work with you. I'd say you were covered and never even knew it....

[Likwid]

+1^^

Just what I was going to say..... Call your agent and ask him then see if he can provide you the proper paper work. Most are very willing to work with you. I'd say you were covered and never even knew it....

Some companies don't RATE differently for less than a one month lapse... but in the eyes of the law, most of the time that's called uninsured. Cancel rules are filed with the state, so each carrier will be different.

Here's the Progressive cancel rules for Ohio Motorcycle. I pulled this from my policy.

We will give at least 30 days notice of cancellation in all other cases.

After this policy is in effect for more than 89 days, or if this is a renewal or continuation policy, we may cancel only for one or more of the following reasons:

1. nonpayment of premium;

2. material misrepresentation or fraud by you with respect to any material fact in the procurement or renewal of this policy;

3. material misrepresentation or fraud in the submission of any claim under this policy;

4. loss of driving privileges through suspension, revocation, or expiration of an operator’s

license issued to you, any driver in your household, or any regular operator

of a covered motorcycle. However, we shall continue the policy in effect but remove from the policy the person whose operator’s license has been suspended, revoked or has expired, if the person is other than the named insured or a principal operator of a covered motorcycle;

5. your place of residence, or the state of registration or license of a covered motorcycle,

is changed to a state or country in which we do not accept applications for the insurance provided by this policy;

6. we have agreed to issue a new policy within the same or an affiliated company; or

7. any other reason permitted by law.

Unfortunately the 30 days notice is prior to renewal, nonpayment results in a lapse, 2 days or 2 years, it's the same to the state.

Additionally... not only is it against the law for anyone to "backdate" a policy I'd be surprised if any of the big insurance companies (including Safe Auto) even allow it in their systems. Not trying to bring you down, just wanted to make sure people were clear on this.

Disclaimer: Not an agent, and I don't represent Progressive.

Edited July 22, 2009 by Likwid

[MeefZah]

Now I know most of you guys and gals probably arent lawyers, but I'm hoping to get some info from you based on past experiences....

If you receive a citation and don't have insurance at the time, regardless of the ultimate outcome of the traffic case, your license will be suspended for 90 days.

So, you could hire a lawyer and be found "not guilty", in theory, but still get the license suspension. The lawyer can't help you with that because it is administrative.

You'd have better luck appealing to a human being at your insurance company. After all, you mailed that check, and it must have gotten lost in the mail, right? They might understand and backdate the policy.

burn down the police station and flee to mexico.

Some chick and her boyfriend did just this in Ashley last year. Turned a DUI into a 10 year prison stint.

Edited July 23, 2009 by MeefZah

[InyaAzz]

I've been to court here in Akron, and seeing a ton of people that don't have ins., they get breaks if they can show they now have it. Explain to the judge, don't lie to him/her, and I'll bet you get a break. You won't get off scott free, but by being honest you'll look good in the eyes of the court.

John

Good advice. Not worth the felony from a forged document. Anyone advising you to forge a document for a court of law doesn't give a rat shit about you. Yeah..it's been done before...but it's your life, not theirs.

In my dealings with the courts (limited) and police (a lot lately), being honest goes a long way.