Legal Question in Traffic Law in Missouri

can a prosecutor attorney request an insurance statement recorded by the defendant if the car and insurance is in someone else's name?


Asked on 4/03/13, 7:00 am

1 Answer from Attorneys

Anthony Smith LawSmith

It is rare, but it might be possible for a prosecutor to get an Order from the Judge requiring an insurer to produce recordings of statements. The fact that the automobile is owned by someone other than the defendant may not be a relevant fact that could prevent such an Order. The Prosecutor may just request or demand via subpoena the records from the insurer. If the person opposing the release of the recorded statement does nothing to stop it, the records would probably be provided. The judge in such a case would do nothing Sua Sponte (without request from an interested party) to prevent it.

I strongly suggest that a defendant consult directly with legal counsel as soon as possible. Many traffic and criminal defense attorneys provide a free or low cost initial consultation. A defendant, in a case so serious that the prosecutor is considering getting insurance statements, needs legal counsel at the earliest opportunity. You were wise to seek general information here. Be smart and get legal advice specific to the facts of the particular case.

Good luck

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Answered on 4/05/13, 6:19 pm


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