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Kokua Line
June Watanabe
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Court accepts insurance affidavit
Question: My car was rear-ended, and I was cited for having an expired no-fault insurance card. The police officer who issued the citation and the citation itself said that it might be dismissed if I could provide, in court, an affidavit from my insurance company saying that the vehicle was covered. The citation also stated that a current insurance card would not be enough. I obtained the affidavit, but when I showed it to the clerk in court, she asked me if I had a current insurance card.
It seemed the affidavit by itself was not enough. Can you find out more?
Answer: Something might have been lost in the communication.
Generally, an affidavit alone would have sufficed, as long as all the information appeared to be correct.
According to state Judiciary spokeswoman Marsha Kitagawa, "There is no reason for a court clerk to ask a motorist for an insurance card.
"Requiring both (an) affidavit and insurance card is not the accepted practice in cases where persons are charged with not having a valid motor vehicle insurance policy," she said.
It could be that an inexperienced deputy was involved in your case since "questionable affidavits" would have alerted deputy prosecutors to set the matter for trial or to request another affidavit from the insurance company, she said.
Although there might be times when both an affidavit and insurance card are requested, that is not the usual case, said Rich Stacey, supervisor for misdemeanor traffic cases in the Prosecuting Attorney's Office.
He explained that an insurance card by itself does not really prove coverage, noting how some people will take out insurance, have it somehow canceled, but still hold on to a now invalid card.
"That's why we prefer to have an affidavit -- something official from the insurance company confirming there was coverage" during the period in question, Stacey said.
It is up to the deputy prosecutor or the court as to whether they are going to accept whatever document is provided or to set the case for trial, he said.
Mahalo
I had been warned about "bad people" while visiting Honolulu. But on May 5, David Graham dispelled all those warnings. He found my American Savings Bank ATM card and $45, which I had lost while jogging along Keeaumoku Street. Mahalo also to American Savings Bank Wal-Mart Branch Manager Pam, who called to let me know that my card and money had been found. -- Gloria P. Earl, Chicago
Auwe
To the low-life criminal who came onto our property and stole my wife's potted tree in the 1400 block of Ala Aolani Street in Moanalua Valley. I gave it to her when we were dating nearly 20 years ago, when it was just a 6-inch-tall sprig. You will sell the tree, use the money to buy drugs, do something dumb and get what you deserve -- bachi.
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