Legal Question in Traffic Law in Kentucky

Ticket for no proof of insurance

My son was in the Army (KY) and lost his wallet. He was stopped and given a ticket, and realized that the proof of ins. was in his wallet. He then had his father send him a copy of the proof. Before the court date he was to go to Ft. Drum, N.Y. and his drill sargent told him not to worry about the ticket and go on his way to N.Y. He was honorably discharged from the Army at Ft. Drum for past psycological disorders. My son's father just recieved a notice from the state of KY stating that my son must show up in KY court within 10 days or the Fed. Marshall will come for him. He is an emotional mess thinking that he will go to prison for this ticket that he had forgotten about. Knowing that he must go to KY, can you tell us what the next steps should be?


Asked on 1/16/07, 10:02 pm

2 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Ticket for no proof of insurance

Something does not seem quite right. Most speeding tickets are issued for violations of state laws, county ordinances, or municipal ordinances. It would be extremely unusual for there to be any reason for any Federal Marshall to become involved, unless your son was sppeding on Federal property. In any event, there is no doubt that your son should contact an attorney in the Kentucky jurisdiction where your son is supposed to go to court. The attorney might be able to save him the trip. Assure your son that this is really not anything to be too distressed about so long as he takes care of it now. I have personally represented many individuals who forgot about their speeding tickets and missed court dates. Usually it is relatively simple to get any warrants cancelled, and get the ticket disposed of favorably. Please call an attorney for specific advice.

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Answered on 1/16/07, 11:11 pm
Stephen Isaacs Isaacs Law Office

Re: Ticket for no proof of insurance

Your son was probably charged with violation of the no insurance statute KRS 304.99-060. Per statute, a no insurance violation could subject him to fines of $500 to $1000 or up to ninety days in jail or both. Per statute, failure to appear (FTA) to address the charge will result in the suspension of the vehicle owner's operator's license (assuming that your son was the owner of the vehicle) pursuant to KRS 186.570.

Kentucky prosecutors frequently will dismiss a charge of no insurance upon timely presentation of verifiable proof of the insurance. However, your son's failure to appear in court for the charge is serious. Each county handles FTA's differently.

Of course, a criminal defense attorney would want to know why your son was stopped by the officer. I suspect that there are additional charges on the ticket which you did not mention in your question. I would also want to know why the notice stated a Federal Marshal would be sent. Some defenses do apply based on the facts you presented.

Your son should promptly retain a Kentucky attorney to address the charges. The attorney can represent him without him being present if the charges were violations or misdemeanors.

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Answered on 1/17/07, 10:57 am


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