Opinion No. 76-389

Oklahoma Attorney General Reports

Opinion No. 76-389

DecidedJanuary 25, 1977

StatusPublished

This text of Opinion No. 76-389 (Opinion No. 76-389) is published on Counsel Stack Legal Research, covering Oklahoma Attorney General Reports primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Opinion No. 76-389, (Okla. Super. Ct. 1977).

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Opinion

OPINION — AG — ** AUTOMOBILE LIABILITY INSURANCE — FALSE CERTIFICATION — PERJURY — FAILURE TO MAINTAIN SECURITY ** AN INDIVIDUAL WHO MAKES A FALSE CERTIFICATION OF THE EXISTENCE OF SECURITY AS REQUIRED BY 47 O.S. 7-602 [47-7-602] IS SUBJECT TO A CHARGE OF PERJURY, UNDER PROVISIONS OF 21 O.S. 491 [21-491] AND UPON CONVICTION THEREOF, SUBJECT TO PENALTY AS PROVIDED FOR IN 21 O.S. 500 [21-500], IT IS NOT A NECESSARY ELEMENT FOR A CHARGE OF PERJURY THAT PENALTY FIRST HAVE BEEN IMPOSED UNDER PROVISION OF 47 O.S. 7-605 [47-7-605] AND 47 O.S. 7-606 [47-7-606], AN ADJUDICATION OF GUILT OF A VIOLATION OF THE PROVISIONS OF 47 O.S. 7-601 [47-7-601] WOULD NOT PRECLUDE THE FILING OF CHARGES UNDER 21 O.S. 491 [21-491], OR VICE VERSA, INASMUCH AS THE ELEMENTS OF THE CRIMES ESTABLISHED IN THE TWO SECTIONS UNDER CONSIDERATION ARE SEPARATE AND DISTINCT. CITE: 21 O.S. 491 [21-491], 47 O.S. 7-606 [47-7-606] (CRIMINAL ACTION, LAW, VIOLATION) (WILLIAM DON KISER)

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OPINION — AG — ** AUTOMOBILE LIABILITY INSURANCE — FALSE CERTIFICATION — PERJURY — FAILURE TO MAINTAIN SECURITY ** AN INDIVIDUAL WHO MAKES A FALSE CERTIFICATION OF THE EXISTENCE OF SECURITY AS REQUIRED BY 47 O.S. 7-602 [47-7-602] IS SUBJECT TO A CHARGE OF PERJURY, UNDER PROVISIONS OF 21 O.S. 491 [21-491] AND UPON CONVICTION THEREOF, SUBJECT TO PENALTY AS PROVIDED FOR IN 21 O.S. 500 [21-500], IT IS NOT A NECESSARY ELEMENT FOR A CHARGE OF PERJURY THAT PENALTY FIRST HAVE BEEN IMPOSED UNDER PROVISION OF 47 O.S. 7-605 [47-7-605] AND 47 O.S. 7-606 [47-7-606], AN ADJUDICATION OF GUILT OF A VIOLATION OF THE PROVISIONS OF 47 O.S. 7-601 [47-7-601] WOULD NOT PRECLUDE THE FILING OF CHARGES UNDER 21 O.S. 491 [21-491], OR VICE VERSA, INASMUCH AS THE ELEMENTS OF THE CRIMES ESTABLISHED IN THE TWO SECTIONS UNDER CONSIDERATION ARE SEPARATE AND DISTINCT. CITE: 21 O.S. 491 [21-491], 47 O.S. 7-606 [47-7-606] (CRIMINAL ACTION, LAW, VIOLATION) (WILLIAM DON KISER)

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Opinion No. 76-389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/opinion-no-76-389-oklaag-1977.