It's my turn I guess.

[bdbake01]

http://www.lrc.ky.gov/statutes/statute.aspx?id=30285

FYI, 1.A.2 is why the plates had been pulled.

[bdbake01]

Exactly, as stated it is the court ordering the condition to not reoffend. Also 'may be' certainly does not mean automatic and most judges would not be ready to chomp at that bit unless you were a real **** on your 2nd or 3rd time in a short period under 5 years. They know as well as I do that enough people are already sitting in full jails for stupid shit or I would hope they do.

 

It would be like getting released from prison and having the court order conditions such as no drinking and then getting caught. The alcohol is not illegal but breaking the court condition is.

 

*I am not trying to argue I agree is is bad. Just pointing out the difference between civil and criminal and where that line is crossed.

 

One thing I may offer here is that to most lay folk, a crime is a crime is a crime in discussion whether it is a civil offense or criminal. There are certainly laws and legal orders which require behavior, and if said behavior(s) are not adhered to, may result in a civil offense which could typically carry a penalty up to and including incarceration. Doesn't mean it's a criminal offense, but it's still commonly referred to as a crime in the sense that any breaking of a law - civil or criminal - is a "crime".

 

I know it's far from perfect, but personally I usually separate the two by viewing a civil offense as an issue of an administrative nature or between two invidividuals not involving the local/state/federal bodies. If it's criminal (a "crime"), then the offense goes beyond administrative or the parties involved. I.E., it eithe does or has the potential to affect individuals or entities on a larger scale than those which were directly involved or otherwise targeted.

[Donstar]

FYI, 1.A.2 is why the plates had been pulled.

Thank you, I saw this. The point I was making was that in Kentucky driving without insurance can result in jail time even on the first offence. I believe Joe O's comment about jail time was valid and I thought the response to his comment made light of his contribution. I agree that if this is a first offense, the driver is not at fault, and there were no serious injuries, jail time is unlikely.

[bdbake01]

Thank you, I saw this. The point I was making was that in Kentucky driving without insurance can result in jail time even on the first offence. I believe Joe O's comment about jail time was valid and I thought the response to his comment made light of his contribution. I agree that if this is a first offense, the driver is not at fault, and there were no serious injuries, jail time is unlikely.

Sorry, didn't mean to possibly sound as if I was harping on anything. I do appreciate eveyone's input. The reason I pointed out that statute was only because this is precisely what the officer quoted as the reason for the plates having been pulled. Registration can be pulled for various reasons. In this particular case, failure to provide proof of insurance.

[O_J_Simpson]

 

That is because it is not criminal. Work for the DOJ. Traffic offences are not crimes with the exception of things like vehicular manslaughter for which there is a law on the books. Insurance is only meant for covering your civil liability, some places it is possible to get away without having insurance or having so little coverage you may as well have none. You are 100% still liable even if your insurance does not cover it and can be sued in civil court; in fact this happens like all the time. The only reason it is mandatory is because the damage you can cause due to curb weight exceeds what most people can afford out of pocket. ie) Bicycles do not require insurance because they cannot do very much damage and most people can cover it out of pocket.

 

Driving without insurance in Kentucky is a fine. 2nd and 3rd offenses can carry more penalty including time, however this is because the court ordered conditions such as no re-offense within 5 years. At that point the penalty is not for driving without insurance but rather for breaking for the court order which is criminal.

 

Think of it like this. Getting a speeding ticket is NOT illegal. However not paying said fine or showing up for court can cause you to be found guilty when the court upholds said fine. This can result in a warrant however the warrant is not for speeding it is for failure to appear which is criminal. ie) Driving poorly is not a crime but pissing off a court or judge is.

 

*As far as undocumented immigrants go, that should not be a crime either but should just result in a one way ticket back home instead. Unfortunately Obama disagrees and they are given a free pass instead.

FYI. Most traffic offenses are a criminal offense in Texas, including speeding.