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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 115464
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was driving in PA. And I rent my car from Rochester NY. And I had

Customer Question

Hi I was driving in PA. And I rent my car from Rochester NY. And I had an accident with the in front of me. Officer gave me two tickets: drive too closely behind and driving with no insurance. But I had an Hertz LIS (Liability Insurance Supplement (LIS)) insurance and it was stated on the Hertz receipt. I don't have my own car (so no my own Collison Damage Waiver) but I purchased my rental car with my discover credit card that discover credit card offers me CDW instead of my own CDW.
I understand for driving too closely ticket, but do not understand no insurance ticket. I do have the original receipt that shows LIS insurance is provided.
How much gonna fine and penalty for two tickets and would be possible to win the court for no insurance ticket?
Submitted: 2 years ago.
Category: Criminal Law
Customer: replied 2 years ago.
And there were a lot of traffic. There couldn't be any space between cars. everyone had same situation.
Customer: replied 2 years ago.
But I am not gonna fight for driving too closely ticket. Just want to know how much estimated fine is.
Customer: replied 2 years ago.
I am sorry it is not PA. I was writing this in a rush and made a mistake. I had accident in NY not PA
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Did you show the officer the Hertz receipt showing you had liability insurance with them at the time of the accident?
Customer: replied 2 years ago.
Yes he took the receipt with him.
Customer: replied 2 years ago.
On my receipt LIS is on but CDW is not on. I guessed he only saw the CDW is not on and he assume I don't have any insurance.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
First of all, you need to get proof of the insurance from Hertz.
Second, I just need to make sure, you have a NY license and the accident took place in NY?
Customer: replied 2 years ago.
No my license is South Korean license and I had International Permit and Passport.
Customer: replied 2 years ago.
Isn't the LIS stated on the receipt is already proof? What proof should I request to Hertz?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply and clarification.
If you still have the Hertz receipt showing you had liability insurance coverage, then you need to plead not guilty in accordance with the instructions on the ticket you received. Do not miss the dates on the ticket and you need to plead not guilty and request a hearing BEFORE the date specified on the ticket so they can give you a date to appear.
When you go to court, you would present the receipt to the prosecutor in the court and also you should get something from Hertz regarding what that LIS coverage provides to show the court that the receipt does in fact mean you had insurance as required.
Next, your following too close citation, the fine is set between $85 and $235, plus court costs of about $150 depending on the court. When you go to court on your hearing date you can request a conference with the prosecutor and you can work out a deal on the following too closely ticket to pay the minimum fine when you prove you have insurance with your receipt and documentation from Hertz (just your receipt and a letter or written description from Hertz about what that insurance you paid for covers).
Because you have an international license, you do not need to worry about NY imposing their license surcharge or points on your license.
Customer: replied 2 years ago.
Thank you for answering.I'd be glad if you can answer
Few more questions:
1. If I do plea of guilty on following too closely, do I still pay that $150?2. Can I do plea of guilty on following too closely and do plea of not guilty on no insurance as they are the separate tickets?3. How much is average fine for driving with no insurance?4. Do I get refudn of depending on the court cost if the ticket dismissed and I am proved as not guilty?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you so much for your reply.
1) If you plead on the following too closely, the fine is between $85 and $235 and no court costs are imposed.
2) If they are on separate tickets you can plead guilty to the following too closely and not guilty on the insurance and they will set a court date.
3) For no insurance the penalty is a criminal misdemeanor and it has a possible penalty of a fine between $150 and $1,500, or 15 days in jail. However, you have proof you had insurance and the court will dismiss it.
4) The court gives no refunds on court costs, but you would not pay the costs if the ticket is dismissed or you are found not guilty.
Customer: replied 2 years ago.
Thank you agian.
If I get the NY driver license later will this record put into my NY driver license?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
If you do not have a drivers license in NY at the time your tickets are closed, then if you later apply for a license it would not go on your new NY license.
Customer: replied 2 years ago.
closed means whether I pay the fine and not guilty is found.
Customer: replied 2 years ago.
Am I correct?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
That is correct, closed means whatever fines are paid. Dismissed or not guilty citations are not reported to DMV, only guilty tickets.
Customer: replied 2 years ago.
Thanks!I just want to make sure that my LIS from Hertz fullfill the requirement of driver's insurance in New York State or county (Lancaster Town Court).I went to Hertz and hertz has policy like this.Liability Insurance Supplement (LIS)
Liability Insurance Supplement (LIS) provides coverage for you and other authorized operators of your rental vehicle for third party claims.LIS is primary protection to customer’s personal policy and provides the first USD 1,000,000.00 of combined bodily injury and/or property damage protection for each occurrence regardless of the state in which the accident occurs. (Note - Hawaii has an extended LIS option of USD 2,000,000.00).In the states of Colorado and New York up to USD 100,000.00 of Uninsured / Underinsured Motorist Protection is included with the LIS coverage. For all other states, refer to the Uninsured Motorist Protection (UMP) below.There are some exclusions to this coverage, which we feel you should know. Under LIS, in the event of an accident, you will not be protected for third party liability:
If LIS is not accepted at commencement of the rental or if you fail to pay the charges for LIS.
If you or an authorized driver operated the rental vehicle in violation of the Rental Agreement, including, but not limited to, operating the vehicle while legally intoxicated or under the influence of alcohol, drugs or other absorbed elements; permit the use of the vehicle by anyone other than authorized operators; for purposes that could properly be charged as a felony, to tow or push anything, or in a speed contest or for driver training.
If the vehicle or LIS coverage was obtained by fraud or misrepresentation.
LIS is third party liability coverage only, except where permitted by law or pertaining to Uninsured/Underinsured Motorist Coverage. LIS does not cover personal injury to you or any authorized operator of the rental vehicle or to your or their family members who are related by blood, marriage or adoption and reside in your or their household.Does this fulfill the insurance requirement in NY state?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Yes, that is indeed liability coverage required under NY law.
Customer: replied 2 years ago.
Hi again, I am about to submitting plea of not guilty for driving without insurance. Should I reqest supporting deposition? This would be my last question.
Customer: replied 2 years ago.
I have critical proof (receipt) that provide the court I have insurance but is it better to request supporting deposition?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
No, the proof is sufficient, you do not have to go through requesting a supporting deposition if you have the original documents.
Customer: replied 2 years ago.
then can I ask you in what situation should request supporting deposition?
Customer: replied 2 years ago.
Additionally,
I will do plea of guilty for driving too closely. There is a two blank sentences to write down in optional.
Should I write something like there was no injury, I have clean record? Something that provide court that this is first time accident and no injury?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
You can if you choose write, no injury, accident and no prior record if you want to do that.