May 27, 2008
Albany -- Do you have to have proof of auto insurance with you if you are involved in a wreck?
Albany Police have been ticketing motorists if they don't have a valid insurance card with them.
Now the Dougherty District Attorney's Office has asked the State Prosecuting Attorney's Council for an opinion on state law.
A Leesburg man has requested clarification of the state law about auto insurance cards and proof of insurance laws. The Albany Police have issued tickets if drivers do not have valid insurance cards with them after a crash.
D.A. Officials admit the law is not clear, because records in the Department of Revenue data base are the official proof of insurance, and your insurance card is not required. But the cards are required to show to the other driver and Police after a crash.
Dougherty Chief Assistant D.A. Dick Hand said "it's a peculiar situation, in that the law is not as clearly written as it could be. I think it leaves some degree open to interpretation, and that's what we want to try to close out. "
Albany Police have also asked City Attorney Nathan Davis to look into the Georgia code, to get a verification.
Dougherty County Police say that if a motorist does not have a valid insurance card and the data base does not include them, the car is towed and the driver ticketed. D.C.P. says though if the data base has a question, but the driver does have a valid auto insurance card, they will accept it.
The Georgia State Patrol says they follow the state law requiring the insurance cards, but it's up to the Troopers discretion about ticketing.
The fine for not having proof of auto insurance is $25 or less.
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