D.C. Code § 5-114.02

Current through codified legislation effective October 30, 2024
Section 5-114.02 - Demand for proof of motor vehicle insurance
(a) Except when circumstances related to safety, law enforcement, or emergency medical care make it impracticable to do so, a law enforcement officer shall demand proof of insurance from the operator of any motor vehicle that:
(1) Has been involved in a traffic accident to which the law enforcement officer has responded; or
(2) Has been lawfully stopped by the law enforcement officer.
(b)
(1) The failure of the operator of a motor vehicle to present proof of insurance upon demand, in violation of § 31-2413(a)(7), shall create a rebuttable presumption that the motor vehicle is being operated without required insurance being in effect, in violation of § 31-2413(a)(3).
(2) If the operator of a motor vehicle is unable to present proof of insurance upon demand, the law enforcement officer shall issue notices of infraction for violations of § 31-2413(a)(3) and (a)(7).
(b-1)
(1) For the purposes of subsections (a) and (b) of this section, the term "proof of insurance" includes an electronic image of proof of insurance that is displayed on a cellular telephone or other portable electronic device.
(2)
(A) The presentation of an electronic image of proof of insurance on a cellular telephone or other portable electronic device shall not constitute consent for a law enforcement officer to access any other content on the cellular telephone or other portable electronic device.
(B) A law enforcement officer presented with an electronic image of proof of insurance on a cellular telephone or other portable electronic device shall be immune from liability for damage to or loss of the cellular telephone or other portable electronic device; provided, that no immunity shall extend to recklessness or intentional misconduct.
(c) A law enforcement officer may not stop a motor vehicle solely for the purpose of demanding proof of insurance.

D.C. Code § 5-114.02

June 8, 2006, D.C. Law 16-117, § 102, 53 DCR 2548; Mar. 13, 2019, D.C. Law 22-239, § 3, 66 DCR 597.