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Insurance Check Points
Posted: Thu Feb 11, 2010 1:11 pm
by karder
Folks;
I am curious as to your opinions on displaying a CHL at an insurance check point.
A couple of nights ago I was finishing at last of my "honey-do" chores and heading back home. I was supposed to meet up with my brother and was in a big hurry when I hit the dreaded insurance check point. Really nothing to "dread" other than sitting in line, which I did not have time for.
I was carrying at the time, but decided I would not show the CHL unless the officer asked for my ID. I dimmed my lights, turned on my dome light, pulled my license and insurance, rolled down and window and waited my turn. As I rolled up, the officer could see I was holding my documents so he never asked for anything. The only things he said were "good evening" and "thanks".
Was this a bad idea? Should I have handed the CHL as well? My plan was to hand my CHL if he actually asked for ID. I figured he may have been in auto-mod and may have asked for my license and insurance even though I was holding it, but he did not. I figure some of you have probably been through these a number of times.
Re: Insurance Check Points
Posted: Thu Feb 11, 2010 1:25 pm
by Keith B
karder wrote:Folks;
I am curious as to your opinions on displaying a CHL at an insurance check point.
A couple of nights ago I was finishing at last of my "honey-do" chores and heading back home. I was supposed to meet up with my brother and was in a big hurry when I hit the dreaded insurance check point. Really nothing to "dread" other than sitting in line, which I did not have time for.
I was carrying at the time, but decided I would not show the CHL unless the officer asked for my ID. I dimmed my lights, turned on my dome light, pulled my license and insurance, rolled down and window and waited my turn. As I rolled up, the officer could see I was holding my documents so he never asked for anything. The only things he said were "good evening" and "thanks".
Was this a bad idea? Should I have handed the CHL as well? My plan was to hand my CHL if he actually asked for ID. I figured he may have been in auto-mod and may have asked for my license and insurance even though I was holding it, but he did not. I figure some of you have probably been through these a number of times.
IMO, the checkpoint was an implied request for the ID, and had you not presented it on your own, they would have asked. If you are carrying and presenting identification to a LEO, then you are required by law to show the CHL, asked or not.
Re: Insurance Check Points
Posted: Thu Feb 11, 2010 1:29 pm
by joe817
As per GC 411.205 you are STILL required to display your CHL when asked for some kind of ID by any LEO. Since he didn't, no foul.
Re: Insurance Check Points
Posted: Thu Feb 11, 2010 1:33 pm
by Keith B
Let me retract my previous post (maybe.) Did he actually take your DL and insurance card and review it, or did he just see it in your hand an let you move on through? If the later, then I agree you didn't have to show the CHL until he would have reviewed your DL.
Re: Insurance Check Points
Posted: Thu Feb 11, 2010 8:25 pm
by karder
Thanks for the responses Keith and Joe. To answer your question, yes, he did take the license and insurance in his hand. He looked at the insurance much more closely, but pretty much just checked the dates and registration sticker and off I went. In retrospect, I think you are correct Keith. Next time that happens I will give them the CHL too. I was not trying to skirt anything, I just hate to open myself to further scrutiny. In the future I will hand them all three. Thanks for the words of wisdom.
Re: Insurance Check Points
Posted: Fri Feb 12, 2010 7:51 am
by glocklvr
Out of habit I hand them everything before even asked but I also haven't had the displeasure of dealing with an insurance or DWI check point and hope I don't I have a real issue with being detained even for a moment without probable cause
especially since I make it a point not to drive unless I can do so legaly
Re: Insurance Check Points
Posted: Fri Feb 12, 2010 7:55 am
by pbwalker
Show me your papers!
Re: Insurance Check Points
Posted: Fri Feb 12, 2010 8:00 am
by Mando'a
pbwalker wrote:Show me your papers!
Aus Deutsch.
Papieren, bitte!
Re: Insurance Check Points
Posted: Fri Feb 12, 2010 11:36 am
by samobius
What if a Border Patrol checkpoint wants to see ID? Do you show CHL? I have never had one ask to see, just had them ask for my citizenship. But I have seen people pulled over with their cars being searched.
Re: Insurance Check Points
Posted: Fri Feb 12, 2010 12:28 pm
by bdickens
What the heck is an insurance checkpoint? Sounds like something that only happens in totalitatian dictator..... Oh yeah, I forgot
Papieren, Bitte! Jetzt!
Re: Insurance Check Points
Posted: Fri Feb 12, 2010 12:32 pm
by Roger Howard
samobius wrote:What if a Border Patrol checkpoint wants to see ID? Do you show CHL? I have never had one ask to see, just had them ask for my citizenship. But I have seen people pulled over with their cars being searched.
yes they are LEO so you are required to disclose
Re: Insurance Check Points
Posted: Fri Feb 12, 2010 2:34 pm
by Drewthetexan
Where do these insurance checkpoints happen? How long has this been going on?
Are these legal?
Re: Insurance Check Points
Posted: Fri Feb 12, 2010 3:20 pm
by pbwalker
bdickens wrote:What the heck is an insurance checkpoint? Sounds like something that only happens in totalitatian dictator..... Oh yeah, I forgot
Papieren, Bitte! Jetzt!
Re: Insurance Check Points
Posted: Fri Feb 12, 2010 3:26 pm
by Keith B
Drewthetexan wrote:Where do these insurance checkpoints happen? How long has this been going on?
Are these legal?
From
http://www.dallasnews.com/sharedcontent ... c7ea4.html" onclick="window.open(this.href);return false;
Checkpoints have not been allowed in Texas since the state Court of Criminal Appeals ruled in 1994 they must be authorized by a "politically accountable governing body at the state level." That case involved a sobriety checkpoint in Arlington. In 1979, the U.S. Supreme Court ruled that random traffic stops to check driver's licenses, where officers did not have reasonable suspicion, were unconstitutional.
However, the ruling does not prevent state "spot checks that involve less intrusion or that do not involve the unconstrained exercise of discretion," the justices wrote. "Questioning of all oncoming traffic at roadblock-type stops is one possible alternative."
Re: Insurance Check Points
Posted: Fri Feb 12, 2010 5:12 pm
by Rex B
Keith B wrote:Drewthetexan wrote:Where do these insurance checkpoints happen? How long has this been going on?
Are these legal?
From
http://www.dallasnews.com/sharedcontent ... c7ea4.html" onclick="window.open(this.href);return false;
Checkpoints have not been allowed in Texas since the state Court of Criminal Appeals ruled in 1994 they must be authorized by a "politically accountable governing body at the state level." That case involved a sobriety checkpoint in Arlington. In 1979, the U.S. Supreme Court ruled that random traffic stops to check driver's licenses, where officers did not have reasonable suspicion, were unconstitutional.
However, the ruling does not prevent state "spot checks that involve less intrusion or that do not involve the unconstrained exercise of discretion," the justices wrote. "Questioning of all oncoming traffic at roadblock-type stops is one possible alternative."
Keith, I'm a bit slow here.
I don't see a distinction between a sobriety checkpoint and an insurance checking roadblock. In both cases all cars have to be stopped without PC and the drivers checked for legality.