Can police officers issue a citation for no liability insurance after letting the driver off with a warning at the time of the incident?

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Can police officers issue a citation for no liability insurance after letting the driver off with a warning at the time of the incident?

My daughter was pulled over for speeding 46 mph in a 35 mph zone. There

is a speed limit sigh clearly visible for 45 mph. She took pics but is afraid to

contest because she had let her insurance lapse unknowingly. The officer did not charge her for the insurance, only warned her. This is a village police department.

Asked on February 13, 2017 under General Practice, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Technically, they can issue a citation after the fact: the law does not state that all citations must be issued at the same time or at the time of the incident, or that further citations cannot be issued later. Rather, the authorities can issue additional citations on later reflection about the circumstances. Practically, in motor vehicle/traffic cases, this almost never happens--if the officer was willing to let her go with a warning about the insurance, he is almost certainly not going to later decide to issue a ticket for the same incident--though if pulled over again with no insurance, she should not expect such leniency.


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