Alright OC, I need some help.

Buddy of mine drives a box truck for a delivery company and he's about to piss himself he's so worried.

A few weeks ago, he got a new car (hadn't had a car for a while, so he didn't have an insurance policy). He took the car home on a Sunday and didn't drive it again until Friday, when he transferred the title and got insurance.

The day he was taking it home, he got a speeding ticket (going through those awesome small town Ohio speed traps), now they want proof of insurance. Dude got a letter today saying if he didn't provide proof, he could lose his license for three years, which would also cost him his job.

So is he screwed? He didn't technically have insurance, but it was the day he purchased the car so I wasn't sure how that worked.

Thanks.

If he didn't have an active ins policy then be may be hosed but losing the license for 3yrs???? Did he finance the car? Surprised he drove it off the lot without proof of ins (guessing he bought from a dealer?).

I always wondered how one is able to legally drive a new car home due to this very reason.

If he hasn't already signed up for insurance, he might as well do that. He can attack it one of a few ways:

1. Sign up for insurance and supply them the new insurance card and see if they notice the date discrepancy.
2. Fight the speeding ticket in court. The officer should've asked for proof of insurance when the got the ticket and he didn't, which may or may not invalidate the ticket.
3. Fight the speeding ticket in court and explain the ridiculous situation in its entirety. Bring documentation regarding the purchase of the vehicle and perhaps a map of the pick-up location of the vehicle and the destination of the vehicle, showing he was driving the vehicle home. Also bring proof of insurance to show you weren't just driving around being careless. They can't honestly expect someone to whip out their phone and sign up for insurance on the spot when buying a new car. Unless the judge wants to be a real douche and penalize him on this absurd technicality, it'll probably get dismissed (he might have to pay the ticket or might not)

As for him losing his job, I really doubt it. My (former) stepdad got too many points on his license awhile back and he was still able to drive to and from work, so I'd imagine your friend would get the same exception since it was just a simple speeding ticket and not reckless driving/accident/DUI etc.

Fab1b;1488048 wrote:If he didn't have an active ins policy then be may be hosed but losing the license for 3yrs???? Did he finance the car? Surprised he drove it off the lot without proof of ins (guessing he bought from a dealer?).

Nah he bought it from a private seller. Dude literally drove the car from the guy's house to his house, it sat there until that Friday when he got ins/plates.

I told him the three year thing was a little extreme, just to try to explain the situation.

Q. I have been suspended for not having insurance. Can I have occupational driving privileges during this suspension?

A. During a first-time non-compliance suspension, an individual does not apply to the court for driving privileges. Driving privileges will be restored upon payment of the reinstatement fee and filing of insurance with the Bureau in the form of an SR-22 or bond, provided no other suspensions are in effect.

He can rest easy about his job. Worst case scenario is that they impound the car for 30 days and he has to pay the fees to get it out.

I'd be willing to bet an asshole judge would just make him pay the fees and not impound the car.

I'd have him consult a traffic lawyer. They do exist, and they do work.

Doesn't sound like he had insurance when he was driving and is inviolation.

This is going to hurt for him.

He might call the guy who owned the car and see if he had insurance on it. Maybe that guy will allow him to use his id card to prevent losing of the license.

He's boned. You only have 30 days to insure the car when you have an existing policy on another vehicle. Also the FAQ says that it's a 90 day suspension

Trueblue23;1488046 wrote:Alright OC, I need some help.

Buddy of mine drives a box truck for a delivery company and he's about to piss himself he's so worried.

A few weeks ago, he got a new car (hadn't had a car for a while, so he didn't have an insurance policy). He took the car home on a Sunday and didn't drive it again until Friday, when he transferred the title and got insurance.

The day he was taking it home, he got a speeding ticket (going through those awesome small town Ohio speed traps), now they want proof of insurance. Dude got a letter today saying if he didn't provide proof, he could lose his license for three years, which would also cost him his job.

So is he screwed? He didn't technically have insurance, but it was the day he purchased the car so I wasn't sure how that worked.

Thanks.

Was he asked by the officer if he had insurance? This is the key. If he was not asked, then take it to court, he will win for the officer not doing it correctly. My brother got out of a ticket because the officer wrote that his car was maroon. It was black. Lawyers can easily win that.

But if they did ask, he said yes but not on me, then he lied and is screwed

Midstate01;1488059 wrote:Was he asked by the officer if he had insurance? This is the key. If he was not asked, then take it to court, he will win for the officer not doing it correctly. My brother got out of a ticket because the officer wrote that his car was maroon. It was black. Lawyers can easily win that.

But if they did ask, he said yes but not on me, then he lied and is screwed

The law says they don't have to ask. You have to provide proof to the courts that you had it on that date within 90 days (I was just reading it)

If the car was still in the original owners name is he even able to insure it? It seems he doesn't have an insurable interest yet.

Mcburgs idea might be the best one. Just claim you were on a test drive when it happened and see if you can make a deal with the guy you bought in from for a few dollar bills. This is for sure illegal though.

Con_Alma;1488063 wrote:If the car was still in the original owners name is he even able to insure it? It seems he doesn't have an insurable interest yet.

That was my thinking as well, and yes it was still in the original owner's name.

LJ;1488061 wrote:The law says they don't have to ask. You have to provide proof to the courts that you had it on that date within 90 days (I was just reading it)

Ah interesting. But weird that an officer wouldn't ask since they almost always automatically ask for license, registration, and proof of insurance.

Midstate01;1488059 wrote:Was he asked by the officer if he had insurance? This is the key. If he was not asked, then take it to court, he will win for the officer not doing it correctly. My brother got out of a ticket because the officer wrote that his car was maroon. It was black. Lawyers can easily win that.

But if they did ask, he said yes but not on me, then he lied and is screwed

Says he was asked and said no, he had just purchased the car.

My thinking is that if he broke a law the cop would've impounded the vehicle instead of letting him drive away with no insurance.

Midstate01;1488068 wrote:Ah interesting. But weird that an officer wouldn't ask since they almost always automatically ask for license, registration, and proof of insurance.

Last time I was pulled over, all the trooper asked for was my license and registration. He only asked if I had insurance. Didn't ask for my card.

mcburg93;1488056 wrote:He might call the guy who owned the car and see if he had insurance on it. Maybe that guy will allow him to use his id card to prevent losing of the license.

From what I can understand from reading the Ohio bmv website is that the driver has to be covered by a policy.

Talking to a lawyer is the best bet. What about his liability insurance for his job? That may cover him for the 30 day grace

Do his sister.

Midstate01;1488068 wrote:Ah interesting. But weird that an officer wouldn't ask since they almost always automatically ask for license, registration, and proof of insurance.

The only time I've been asked for proof of insurance was after a wreck.

He wouldn't be covered under the previous owner as he wasn't a household member (on most policies). He would have to provide his own coverage and if he didn't have an existing policy that would extend to it sounds like he's in violation. Would suck for him to lose his license though!

I doubt they take his license since he does now have insurance.

But I'd consult a lawyer. This isn't something to play games with if it could jeopardize his job. You don't want to set something in motion that a lawyer might not be able to do much for you.

Also, how old is your friend? Is it possible his parents never removed him from their insurance policy?

This is an easy fix; my cat ran into a similar problem a few years back. The idiot was driving with no insurance.

My cat said he must have misplaced the card, and the officer told him to send it in with payment of the ticket. My cat ordered a cheap policy online, took that instant card they give you, and simply changed the dates to one that covered him. Problem solved and my cat got a pretty good lecture.

He'll be fine.

lol