Legal Question in Administrative Law in Oregon

Fail to Display Insurance

Sited for an ORS/ORD/Rule 806.012. It states on the ticket, "Fail to Display insurance", but when I looked up the ORS# it states, "Failure to carry proof of compliance with financial responsibility requirements". I showed my insurance for a different car. I explained to the officer that I was in the process of buying the car also. I'd like to know if what the officer wrote on ticket and what the ORS# states if it can be dismissed in traffic court.


Asked on 11/25/99, 4:50 pm

1 Answer from Attorneys

Sam Hochberg Sam Hochberg & Associates

Re: Fail to Display Insurance

I'd suggest pleading not guilty, and come to trial with documents from your insurance company, and perhaps a letter from your ins. agent as well, showing that you were insured for any car you were driving (as is generally the law in Oregon), and that this insurance was in effect at the time of the citation. If you DID buy the car, then your insurance also automatically covers you for any car you're buying, for 30 days from purchase, IF within those 30 days you notify your agent or insurer of the purchase. If this is the case, you should have proof of this, too.

If you plead not guilty, you can request from the officer, as part of "discovery," a copy of what he wrote on the back of the ticket. Usually, you write to his police department for that. This is the sort of citation that can be dismissed -- sometimes just at the first appearance -- the date on the ticket -- (without a trial), if you show the judge documents indicating you are insured. Whatever you do, don't let the date for first appearance lapse. Either be in court, or be sure that the court has received your plea. Also, if you are convicted, your driving privileges in Oregon would probably be suspended for a period of time, and you'd be required to post special proof of insurance (more costly than regular insurance) for three years, so you DO want to take care of this properly. You might wish to hire an attorney who handles this sort of thing regularly. I might be able to refer you to someone, if you like. Good luck.

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Answered on 11/29/99, 8:17 pm


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