Asked in Traffic Tickets and Insurance Defense for Illinois

Q: If you don't have proof of insurance then you show them that you have it will it drop?

Will they drop the charges that you have it proof of insurance to show them? Will you have go court over it or what?

2 Lawyer Answers
Brian Polinske
Brian Polinske
Answered
  • Criminal Law Lawyer
  • Edwardsville, IL
  • Licensed in Illinois

A: By statute they must dismiss the charge with proof of valid insurance.

1 user found this answer helpful

Jason A. Wilkins
Jason A. Wilkins
Answered
  • Traffic Tickets Lawyer
  • Carol Stream, IL
  • Licensed in Illinois

A: Hello Asker,

As Brian stated, by statute they must dismiss the case if you present proof of insurance. This is certainly the kind of case you can handle on your own. I would add to his answer in stating a few things:

First, some courthouses use documents called insurance affidavits. These can be completed and submitted to avoid the need for a court appearance. If you do this approach, make sure to verify with the court that you no longer have a court date.

Second, in order to have the case dropped, you must show proof of insurance for the date of the offense. Often times, drivers don't have the current insurance card on them and when the date of court comes, they bring their most recent card. A commonly made mistake is to bring an insurance card covering a series of dates that don't include the date of the ticket. Therefore, when you do go to court, make sure to bring an insurance card that covers the date of the offense, not the date of court. If you cannot provide proof of the vehicle on the date of the offense, your ticket will not be dismissed even if you hold a current insurance policy.

Third, do not miss court. Failing to appear in court WILL result in a suspension of your license. Even though the case will be dismissed, you cannot miss court without this happening so make sure you attend court. This is why we advise calling the clerk to verify you have no court date if you choose to use an insurance affidavit.

Lastly, make sure to bring the best possible version of the document. If you have an original card, that is better than a print out. if you have a print out, a color print out is better than black and white. Most courthouses accept electronic proof presented on your cell phone if your insurance company does that. Basically, just be mindful that if you bring a poorly scanned copy of your insurance card, the prosecutor may not readily dismiss the case and may ask for you to return with a new copy.

Hope that helps and let us know if you have any additional questions!

Sincerely,

Jason A. Wilkins

Traffic Attorney

(630) 445-2293

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.