§ 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.