Re: Cops setting up checkpoints
Posted: Wed Mar 27, 2013 3:31 pm
I agree with Bum, complete BS! This type of injustice gets my blood boiling, especially when I hear of fellow climbers being rolled over and spanked when no statute is being violated.
Below are two excerpts from the Kentucky Revised Statutes which I believe are relevent. Maybe a defense attorney can chime in to help us! I'm no legal expert, but I am somewhat capable of reading legal statutes.
KRS 187.290 defines what "proof of financial responstibility" means.
KRS 187.990 defines the penalties associated with violating any of the statutes associated with motor vehicle fininacial responsibility laws, in this case, KRS 187.290.
Point out to me where it says proof of insurance must be in your glove box, or even on your person for that matter! Yes, your DL must be on your person at all times while operating a motor vehicle.
For those drivers violating financial responsibility statues, AKA driving without insurance, fines and/or jail time is fair
and just.
I'll spare you of my thoughts regarding the illicit use of checkpoints requesting I show my papers...
My $0.02 - Donald
Below are two excerpts from the Kentucky Revised Statutes which I believe are relevent. Maybe a defense attorney can chime in to help us! I'm no legal expert, but I am somewhat capable of reading legal statutes.
KRS 187.290 defines what "proof of financial responstibility" means.
KRS 187.990 defines the penalties associated with violating any of the statutes associated with motor vehicle fininacial responsibility laws, in this case, KRS 187.290.
Point out to me where it says proof of insurance must be in your glove box, or even on your person for that matter! Yes, your DL must be on your person at all times while operating a motor vehicle.
(KEY POINT HERE IS PROOF OF ABILITY TO RESPOND IN DAMAGES...OCCURRING SUBSEQUENT TO THE EFFECTIVE DATE OF SAID PROOF) - Insurance policies have effective dates; therefore, it is possible to prove your compliance with KRS 187.290 after the run in with LEO. Burden of proof is always on the state (innocent until proven guilty). If I say I am in compliance with KRS 187.290; LEO must prove I'm not prior to arresting, detaining, confiscating, etc... Arrest me and I prove a day later I am in compliance...prepare to pay me in damages.KRS 187.290 Definitions:
(11) "Proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of said proof, arising out of the ownership, maintenance or use of a motor vehicle in the amount of twenty-five thousand dollars ($25,000) because of bodily injury to or death of one (1) person in any one (1) accident, and, subject to said limit for one (1) person, in the amount of fifty thousand dollars ($50,000) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and in the amount of ten thousand dollars ($10,000) because of injury to or destruction of property of others in any one (1) accident.
The penalty for VIOLATING KRS 187.290 is a fine or prison. Again, burden of proof, effective dates. If I can later prove I had insurance at the time of occurrence, I am NOT VIOLATING KRS 187.290.KRS 187.990 Penalties:
(4) Any person who shall violate any provision of KRS 187.290 to 187.620 for which no penalty is otherwise provided shall be fined not more than five hundred dollars ($500) or imprisoned not more than ninety (90) days, or both.
For those drivers violating financial responsibility statues, AKA driving without insurance, fines and/or jail time is fair
and just.
I'll spare you of my thoughts regarding the illicit use of checkpoints requesting I show my papers...
My $0.02 - Donald