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How can I win an appeal for no proof of insurance, although I had insurance at the time? Just didn't have the card on me.
Anonymous3 views4 answers
The officer who stopped me that evening said he's giving me a summons b/c I didn't have my insurance card in my car. He said to mail it to Albany the next day & it should be dismissed. I did so, but they still sent me a letter stating I had to go to traffic court. I went and the judge found me guilty, although I had my insurance card to prove my case. He didn't even look at it.
Also, the officer who came to testify was a female that I had never seen before that day - she also stated the wrong year of my car. Is there any way I can appeal this case or at least request that the fine be lowered?
You can appeal, but unless there were points issued, and it was only a fine, it's probably not worth it, unless you already have other points.
In order to beat a ticket based on no insurance, a card is not enough. You must obtain a letter from your insurance company (not your broker) that you have auto insurance with that company, and that it was paid up and in full force and effect on the date the ticket was issued and continues to be in effect.
If you want to appeal, go to the clerk of the traffic court to ask how to appeal. But first make sure you can get such a letter.
Good luck.
Are you certain that there was proper insurance coverage in effect at the time? I notice that you are asking this question from Brooklyn. In NYC at the TVB the JHO usually check the DMV databases to determine whether or not there was insurance coverage. If the database shows that there is coverage the JHO would dismiss the ticket on the spot (as would Albany when you pleaded not guilty). If the database shows that there was no coverage, the insurance card in it of itself won't do anything for you (it is fairly easy to produce an insurance card when there is coverage in effect and I would caution you that it is a crime to do so). You would need additional documentation from the insurance carrier delineating specifically that there was coverage on that vehicle on that date. Anything short of that the conviction will stand.
I have a feeling that you actually got the ticket for FAILURE TO PRODUCE AN INSURANCE CARD. This is totally different from operating without insurance. The penalties are much less but it is generally not correctable. You cannot bring the card later to the Judge because the issue is was the proof of insurance shown at the car stop to the Police Officer. Please check what you were convicted of.
Joseph A Lo PiccoloCriminal Defense AttorneyGarden City, NY ·
You must file an appeal on-line w/in 30 days of your conviction. The card is not proof though. You need a letter from your insurance agent or company stating you had valid insurance in the day the ticket was issued.
That should lead to it being overturned.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
[email protected]
