If you get pulled over and you don’t have a copy of insurance but the car is covered, can they arrest you?

Asked on March 7, 2016 under General Practice, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The answer is maybe.  Officers now have more access to verify when you do or do not have coverage.  These resources are not always up and running however.  So... if you do not have your insurance card and they cannot verify that you have insurance, then they will most likely give you a ticket.  However, on any traffic stop, law enforcement does have the right of 'instanter'.  This is where the officer has observed a violation of the law and is concerned about the person complying and reappearing to deal with their ticket.  It's not done very often... but an officer can arrest you.  Several years ago, one officer made headlines when he used instanter to arrest a woman for not wearing her seatbelt.  Apparently the woman's attitude rubbed him the wrong way.  If you're at risk.... keep your insurance card with you.  If you are ever pulled over for any offense, stay cool and polite.. and then most likely, you will only face a ticket.

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