Trooper stops car for no front license plate.

Driver presents photocopy of proof of insurance. trooper is suspicious, calls agent: no such policy, policy number not out of their agency.

TC 548.603; this is third degree, but second degree if intent to defraud or harm another.

1. Has anyone indicted one of these?
2. Is having a counterfeit proof of insurance enough to get to second degree, or do I need a specific victim to show intent to defraud or harm. (She did use card to register vehicle.)

(Just because I can't resist, trooper call the 800 number listed on the card and it was to a LOVE LINE.)

I used to look at these on tampering (37.10) grounds, but the Transportation statute sounds better. If you look at the definition of defraud, she was trying to defraud the trooper at that point into believing that she had a valid insurance policy in order to avoid a ticket. I think you are solid with the second degree.

The tougher issue, because I have heard this argument before (and who can tell what a jury will decide to believe), is that she "bought" the insurance believing it valid from someone else who cheated her. Not a good story for our cynical minds, but a jury...?

Therefore, I would say file it as a second for leverage to get a 3rd.