Can an insurance company penalize you for a DUI when the court has issued a Nolle Prosequi?

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Can an insurance company penalize you for a DUI when the court has issued a Nolle Prosequi?

AAA has made me sign an

Asked on December 5, 2016 under Insurance Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, they can do this. A "nolle prosequi" doesn't mean the stop or the DUI did not occur; it just means that the state is not prosecuting for one reason or another--sometimes to be lenient to the defendant, other times because they are having trouble with a witness or evidence. But it doesn't "null" or "void" the DUI stop or make it unhappen. At the same time, insurers have tremendous discretion over the terms and conditions under which they will insure you; therefore, the insurer could say that since your son was DUI, that you need to exclude him even though the state declined to prosecute.


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