Required to show DL,insurance,registration?

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  • semperfi211

    Master
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    Nov 17, 2008
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    Near Lowell
    Are you required to show your drivers license, vehicle registration and proof of insurance when asked by LEO if not not stopped for a violation but stopped for a sobriety check point? I am asking because this happened to me just after midnight Friday night/Sat morning.
    I got off work at midnight in Sauk Village Il. On my way home I was directed into the parking lot of the closed K Mart in Saint John. The Lake County Officer told me they were conducting a sobriety check point. I was asked for my DL,registration and proof of insurance. Not knowing my legal rights and just wanting to get home I complied without question. I also answered his question,"where are you coming from"? I know I didn't have to answer his question but I just wanted end this stop and get home.
    Now it looks like I will be working until midnight on Friday and Saturday so this may happen again and I am wondering if I have to provide these documents if I havent been stopped for any violation.
     

    jeremy

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    Feb 18, 2008
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    Fiddler's Green
    I would pay money to a Lawyer for the answer you are looking for.

    Myself, I would have asked him what he likes fishing for?! Then, what am I being detained for?! Got to love digital recorders...
     

    Mr. Habib

    Master
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    0   0   0
    Mar 4, 2009
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    Somewhere else
    You are not required to identify yourself unless you have committed an infraction or ordinance violation.
    IC 34-28-5-3.5
    Refusal to identify self
    Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
    (1) name, address, and date of birth; or
    (2) driver's license, if in the person's possession;
    to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.

    Being stopped at a DUI check point is neither of those. Now, if you refuse, you will likely be removed from your vehicle, Tased, thrown to the ground, cuffed, and arrested for contempt of cop. Like Rookie said, just turn and go around the check point.
     

    eldirector

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    10   0   0
    Apr 29, 2009
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    Brownsburg, IN
    Unless, of course, you are driving. Then you DO have to display your license on demand.
    Indiana Code 9-24-13
    IC 9-24-13-3
    Possession and display of licenses and permits
    Sec. 3. An individual holding a permit or license issued under this article must have the permit or license in the individual's immediate possession when driving or operating a motor vehicle. The permittee or licensee shall display the license or permit upon demand of a court or a police officer authorized by law to enforce motor vehicle rules.
    As added by P.L.2-1991, SEC.12.
     

    eldirector

    Grandmaster
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    Apr 29, 2009
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    Brownsburg, IN
    And as for the registration:
    Indiana Code 9-18-2
    (b) A certificate of registration or a legible reproduction of the certificate of registration must be carried:
    (1) in the vehicle to which the registration refers; or
    (2) by the person driving or in control of the vehicle, who shall display the registration upon the demand of a police officer.
     

    eldirector

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    Apr 29, 2009
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    Brownsburg, IN
    As for "insurance":
    Indiana Code 9-25-4
    IC 9-25-4-1
    Persons, generally, who must meet minimum standards; violation; suspension of driving privileges or vehicle registration
    Sec. 1. (a) This section does not apply to an electric personal assistive mobility device.
    (b) A person may not:
    (1) register a motor vehicle; or
    (2) operate a motor vehicle on a public highway;
    in Indiana if financial responsibility is not in effect with respect to the motor vehicle under section 4 of this chapter, or the person is not otherwise insured in order to operate the motor vehicle.
    (c) A person who violates this section is subject to the suspension of the person's current driving privileges or motor vehicle registration, or both, under this article.
    As added by P.L.2-1991, SEC.13. Amended by P.L.105-1991, SEC.1; P.L.59-1994, SEC.3; P.L.143-2002, SEC.8; P.L.125-2012, SEC.244.
    and
    IC 9-25-4-7
    Methods of proving financial responsibility
    Sec. 7. Proof of financial responsibility when required under this article may be given by any of the following methods:
    (1) Proof that a policy or policies of motor vehicle liability insurance have been obtained and are in full force and effect.
    (2) Proof that a bond has been duly executed.
    (3) Proof that deposit has been made of money or securities.
    As added by P.L.2-1991, SEC.13.

    So, it appears to me that a LEO can ask the driver of a vehicle for their license, registration, and proof of financial responsibility (insurance) pretty much any time they want. It doesn't appear that you need to commit an infraction first. Much like handguns and our LTCH, driving is illegal without the proper paperwork.
     

    eldirector

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    Brownsburg, IN
    Once you have satisfied the "it is illegal to drive w/o your papers" question, then unless they have a good reason to detain you, I'd go with "have a nice evening, officer!"
     

    Rookie

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    Sep 22, 2008
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    Sounds good to me. I'll just continue to turn right before, get back on the road right after, and wave at them.
     

    Rookie

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    I dare you! That would be funny!

    Last time I was approached by an officer...

    Officer: where you going?
    Me pointing directly in front of me: that way.
    Officer: where you coming from?
    Me pointing directly behind me: that way.
    Officer: :scratch:
     

    PaulJF

    Marksman
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    7   0   0
    May 3, 2010
    284
    34
    Linden
    As for "insurance":
    Indiana Code 9-25-4

    and


    So, it appears to me that a LEO can ask the driver of a vehicle for their license, registration, and proof of financial responsibility (insurance) pretty much any time they want. It doesn't appear that you need to commit an infraction first. Much like handguns and our LTCH, driving is illegal without the proper paperwork.

    No where in the IC does it say you must provide proof of insurance to a police officer. Only to a court and the BMV. (I think) :). IC 9-25-5
     
    Last edited:

    jeremy

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    Feb 18, 2008
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    Fiddler's Green
    I dare you! That would be funny!

    Last time I was approached by an officer...

    Officer: where you going?
    Me pointing directly in front of me: that way.
    Officer: where you coming from?
    Me pointing directly behind me: that way.
    Officer: :scratch:
    Classic...
    I've used that one to with several different variations.



    The Wife/Girlfriend/Fiance/pick a title started a fight between my Squad and 4 MPs at a Checkpoint on Ft Hood. One of the MPs and I were competing for the attentions of a Girl, he thought incorrectly, that he was in the lead for her attentions.

    That was an interesting Morning, with 2 LTCs figuring out who was going to be crucified for waking them up at 0400. I was a little nervous there for a moment... :):
     

    eldirector

    Grandmaster
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    10   0   0
    Apr 29, 2009
    14,677
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    Brownsburg, IN
    No where in the IC does it say you must provide proof of insurance to a police officer. Only to a court and the BMV. (I think) :)

    You are correct. IC does not explicitly state you must show proof of financial responsibility to the officer at the time of the stop. However, if you are operating a vehicle, are stopped, and DON'T have proof, you can/will be cited. I suppose you could then show proof in court.

    Kinda like you don't have to show your LTCH if stopped. You could always decline, get arrested (or a summons) and then who it in court. Technically, that is all legal.
     

    4sarge

    Grandmaster
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    22   0   0
    Mar 19, 2008
    5,907
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    FREEDONIA
    You are correct. IC does not explicitly state you must show proof of financial responsibility to the officer at the time of the stop. However, if you are operating a vehicle, are stopped, and DON'T have proof, you can/will be cited. I suppose you could then show proof in court.

    Over reaching the Law and what was Legislated, an Insurance Card is Not Required in Indiana by statute
     

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