Yet another ticket (Expired tags while parked) help!

PerfectFinish1 · 04-26-05, 10:47

Hmm so my TSi has been in the street for a few days since it broke down. My tags on it were expired, since I sent in a custom plate request online, paid my $100, and then they said the request wasn't available afterall and they are holding my money.

Few cops pound on the door at 12:30am, asks about whos Eagle it is, out of habbit, since I drive it everyday everywhere I said it was mine. He says he should tow it, but he'll be "nice" and just give me a ticket. He writes teh ticket, and I go inside and get the paper showing that I bought plates. I showed it to the cop, and I could tell he felt bad. He just said show that to them in court and see what the judge says... acting as if it should get thrown out.

He also said he'd give me a few days to get it pushed inside... after I made the mistake of telling him it just broke down.

I just realized though that the parking ticket is in my name, yet the car is registered to my mom. Did he not even bother to read the plate?

Do you think I can get out of this ticket by:
A: showing that I purchased plates and the DMV screwed up
B: explaining that the car is "not even registered to me" and I got the ticket for it
C: claiming stupidity, as I didn't actually realize I was breaking a law by parking the car there.... and had no option but to leave the car there.

BoxsterCharlie · 04-26-05, 11:09

You can get out of it, focus on argument A only. What a waste of your time, though, to have to go to court. And I'll bet you its a moving violation too.

Black240SX · 04-26-05, 11:51

The cop probably won't bother to appear in court.

94BlkStang · 04-26-05, 11:56

Quote:

Originally posted by Black240SX
The cop probably won't bother to appear in court.

It's not a moving violation so the cop won't need to be present. The best bet is to go to court and show your paper work. It will more than likely get dropped. Make sure you get the new tags as it's your responsibility to make sure the car is tagged properly and on time. Good luck.

PerfectFinish1 · 04-27-05, 12:00

Well it's the same violation as if I was driving the car... so I'm pretty sure it will still be a moving violation. It's rediculous. Thanks for the tips everyone, keep 'em comming.

PerfectFinish1 · 04-27-05, 12:09

Here is another question, would I pleed not guilty or no contest? Last time I pled no contest, as I was told to, and the judge just went "well ok! $100 in fines, 2 points, have a nice day!"

LouisanaJeeper · 04-27-05, 12:21

no contest = guilty

General Lee · 04-27-05, 02:07

Quote:

Originally posted by PerfectFinish1

Do you think I can get out of this ticket by:
A: showing that I purchased plates and the DMV screwed up
B: explaining that the car is "not even registered to me" and I got the ticket for it
C: claiming stupidity, as I didn't actually realize I was breaking a law by parking the car there.... and had no option but to leave the car there.

B:It doesn't matter if the car is registered to you or not. You parked it there. If you are driving someone elses car and you get stopped for speeding, you get charged even though its not your car.

C: Be careful with this one, you may be told ignorance of the law is no excuse.

Depending on how much you told the Officer kinda depends on what you can say unless your concious doesn't care about lying in court. Did you tell him you parked it there? It sounds like he knows you paid for the plates.

I would find out if it is considered a moving violation. If it isn't I would just pay the fine and forget about it. You should not receive any points for a non moving violation. If points are involved, I would just explain to the judge that the car was broke down, however the registration was paid (bring proof) and you had every intention to get it fixed ASAP. Explain that DMV was dragging their feet in issuing plates.

splattj · 04-27-05, 05:08

I would bet that if you showed up on court day with current tags and the paperwork showing you paid for tags before the date on the ticket you'll be fine. And yeah, not guilty all the way. It is a sad waste of your time but what can you do?

Setec Astronomy · 04-27-05, 06:02

I'm sorry if this is tough love, but why did you get this ticket? It sounds like you knew the cop was writing you for the plates, but you waited until after he had written to show him your custom plate request...at which point he "felt bad". Why didn't you show him that before he had written the ticket? And why, if your custom plate request was denied, didn't you renew your existing registration or get the car off of the street? Why would the DMV "hold your money"? If they won't issue the custom plate they said they would, they must be holding your money for you to select another custom plate.

I'm sorry but it sounds like you brought this upon yourself through irresponsibility. Being in a dispute (which it's not clear you really are) with the DMV is no excuse for a lapsed registration. The best way to get out of a ticket is not to get it in the first place. FWIW, my cop friend says never go to court without a lawyer, and since your mother owns the car, I'm not sure she isn't subject to some penalty for this as well or instead of you, so bear that in mind. IIRC, you have some history with the local police (and perhaps with the local judge) so be careful what you do in court.

Sorry to be harsh.

DaGonz · 04-27-05, 06:44

Quote:

Originally posted by Setec Astronomy
I'm sorry if this is tough love, but why did you get this ticket? It sounds like you knew the cop was writing you for the plates, but you waited until after he had written to show him your custom plate request...at which point he "felt bad". Why didn't you show him that before he had written the ticket? And why, if your custom plate request was denied, didn't you renew your existing registration or get the car off of the street? Why would the DMV "hold your money"? If they won't issue the custom plate they said they would, they must be holding your money for you to select another custom plate.

I'm sorry but it sounds like you brought this upon yourself through irresponsibility. Being in a dispute (which it's not clear you really are) with the DMV is no excuse for a lapsed registration. The best way to get out of a ticket is not to get it in the first place. FWIW, my cop friend says never go to court without a lawyer, and since your mother owns the car, I'm not sure she isn't subject to some penalty for this as well or instead of you, so bear that in mind. IIRC, you have some history with the local police (and perhaps with the local judge) so be careful what you do in court.

Sorry to be harsh.

Preach on Brother Setec, preach on!

PerfectFinish1 · 04-27-05, 07:19

I'm sorry if this is tough love, but why did you get this ticket? It sounds like you knew the cop was writing you for the plates, but you waited until after he had written to show him your custom plate request...at which point he "felt bad". Why didn't you show him that before he had written the ticket?

Well he told me to go inside, and he'd come back to the door with my ticket. I just agreed, and was just thinking how much it sucked that I actually paid for plates and didn't get them.. and by the time I found the paperwork, it was too late... I ran out and he was walking up the driveway with the ticket.

And why, if your custom plate request was denied, didn't you renew your existing registration or get the car off of the street?

I wasn't aware that I couldn't park the car on the street. It just broke down, and my mom made me get it out of the driveway. Expired tags were the last thing on my mind since I haven't driven the car lately (since it was broken) and I've been driving the Blazer. I sent in a request for custom plates online, and they approved it, took the $, and then sent me a letter saying they were denied afterall and they were holding my money.

Why would the DMV "hold your money"? If they won't issue the custom plate they said they would, they must be holding your money for you to select another custom plate.

Yep, they were... every other plate was taken, and I just asked for a full refund and they said they couldn't do it for some reason.

Sorry to be harsh.

It's ok