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Car Insurance Question  My brother received a speeding ticket and citation for not having proof of insurance in Texas. He is licensed in the state of Virginia. I am assuming he will have to pay the fine for the speeding but if we show that he did have insurance do we have to pay for the citation as well? Will points be added to his record even though its a out of state offense?

Your brother's home state of Virginia and Texas are part of the Drivers License Compact (DLC). The DLC requires member states to report out of state tickets received (and that you are convicted of) back to the state in which the driver is licensed in.

So both Texas should report any traffic violation convictions back to Virginia. Once Virginia has received this information from TX, the VA DMV asserts that they will assign demerit points to your driving record for traffic convictions incurred in other states.

Since the Virginia Department of Motor Vehicles states that demerit points can be assigned to your driving record for traffic convictions occurring out of state your brother can check their site or the read below to try and determine the amount of points his particular Texas speeding offense may be assessed.

Virginia points for speeding violations are allocated as follows:

  • 3 points - Speeding 1-9 mph above the posted speed limit
  • 4 points - Speeding 10-19 mph above the posted speed limit
  • 6 points - Speeding 20 mph or more above the posted speed limit and is considered reckless driving.

As for the proof of insurance citation, likely he can show proof to the Texas court and get the ticket dismissed. He will need to contact the court listed on his ticket to find out specifics of how to do this however below is an example from Plano, TX on how their traffic court says one can get a failure to maintain financial responsibility ticket dismissed.

According to the Plano, Texas Municipal Court site if a driver is issued a citation for failure to maintain financial responsibility (Insurance) and he or she was in fact covered by an insurance policy at the time the citation was issued, the driver (defendant in court) may present proof of financial responsibility to have the citation dismissed. The proof must indicate the following six items:

  1. The name, address, and telephone number of the insurer;
  2. The insurance policy number;
  3. The policy period (the effective and expiration date);
  4. The name and address of each insured;
  5. The policy limits or a statement that coverage complies with the minimum amounts of liability insurance required; and
  6. The make and model of each covered vehicle.

In the Plano court if the proof does not reflect all six (6) requirements, the proof will not be accepted by the Court. The defendant will have to either obtain a new card from the insurance carrier reflecting the necessary requirements, or obtain a letter from the insurance carrier, on company letterhead, stating each of the requirements that are not indicated on the insurance card.

Your brother will want to try and get the driving without insurance ticket dropped if possible since Texas law provides severe penalties for violating the state’s financial responsibility laws. A first conviction will result in a fine between $175 and $350. Subsequent convictions could result in fines of $350 to $1,000, suspension of your driver’s license, and impoundment of your automobile.

So if your brother pleads guilty to the Texas speeding ticket then it will be put on his VA driving record and be assessed points. It would appear that he should be able to get his driving without insurance ticket dismissed if he shows proper proof that insurance was in place at the time of the citation, just that he did not have his insurance card with him.

Get free auto insurance quotes for Virginia here.

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This car insurance question was asked on 8/7/2008
This auto insurance answer was last updated on 8/11/2008
Steven requested this car insurance solution.
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