Once upon a time there was a smart, responsible young lady
of 16 years with a provisional driver’s license. She was spending the night at her friend’s
house and around 11PM they decided they wanted chocolate soft serve ice cream. The only place with that product open at that
time of night was a McDonald’s out by the highway. They jumped in the car and drove out to get
their ice cream. After sitting there
eating for a while they finally finished and left at about 12:30AM. A few blocks later they stopped at a red
light and a police car pulled up alongside.
The lady realized her license only allowed her to drive until midnight
and she had exceeded her time limit. She
became nervous and anxious. She watched
the stop lights intently. The left turn
signal turned green but not the light in front of her. It was too late. She saw green and drove ahead. Immediately the police pulled her over and
issued her a ticket for a Provisional Operator’s Permit violation and instead
of writing “Failure to Yield” on her other ticket, she was given the dreaded “Failure
to Comply.” That is the equivalent of
refusing to take breathalyzer test and carries a date in court. After hyperventilating for a few minutes, she
drove back to her friend’s house and cried all night. The next day she informed her parents and
they had to go out and hire a lawyer. After
the county district attorney wanted to make an example out of her, the family’s
lawyer was able to able to get the penalty reduced to a $50.00 fine in their
court appearance. That young lady was my
daughter and my wife and I thought everything was dismissed. That was a year and a half ago. When our auto rates went up we were told by
our agent that everyone’s had and they were just high because of so many claims
against insurance companies for hail damage.
It is time to renew our insurance again and I find myself still
disgusted by the bill so I asked my multi-line agent to search some other
companies. I even plan to call a few
myself. Then the land mine is
uncovered. The DMV still shows a “Failure
to Comply” on my daughter’s driving record.
I call the lawyer and he says it should not have been recorded that way
but once the court has filed it, there is nothing he can do. The DMV won’t change her driving record
without a court order and as it turns out, that is what we pled “No Contest” to
in order to get the $50.00 fine. It
still goes down as a conviction. I’m
told by my insurance agent that companies don’t even want to touch someone with
a “Failure to Comply” on their record and so far we cannot find a cheaper
rate. This is ridiculous. Of all the stupid things I hear about kids
doing and getting in trouble for, this seems awfully tame. I realize I am not exactly objective but the
punishment hardly fits the crime. So for
the next year and a half we will be stuck paying ridiculous auto premiums…all
because my daughter and her friend wanted chocolate ice cream one night.
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