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Old 10-14-2008, 11:52 AM
 
1 posts, read 13,552 times
Reputation: 11

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I got a ticket the other day for expired registration tags on my license plates. When I got the ticket I noticed that the license plate numbers were different from the numbers on my car's registration. I had recently gotten the car from my dad who had gone to the DMV to transfer the car from his name into mine. After I'd gotten the ticket I called to ask why the plates were different; he tells me he'd forgotten to put the plates on and that I'd been driving with the old ones. I've now got the plates that match my registration on my car. I don't know what to do with my ticket. My step-dad tells me to fight the ticket in court because of the situation but couldn't I just pay the fine?
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Old 10-14-2008, 12:58 PM
 
Location: Va Beach
3,508 posts, read 8,741,865 times
Reputation: 967
Nope..sorry, you can't fight it. You were stopped because your plates were expired, but you can go to court and tell them what you just told us and pay the fine...or just pay the fine.
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Old 10-14-2008, 03:36 PM
 
Location: Virginia Beach, VA
2,124 posts, read 5,755,944 times
Reputation: 755
Sluggy, I would go to court and plead your case. you very well may get a dismissed case. Many times the judges here will dismiss if you have corrected the non-driving issue. Might happen, might not... but can't hurt to try!!!!

Take your registration stuff with you, and any documentation you can that you had the plates, they just weren't put on yet. they may take pity on you.

shelly
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Old 10-14-2008, 06:03 PM
NJR
 
236 posts, read 566,072 times
Reputation: 91
Quote:
Originally Posted by sluggy07 View Post
I got a ticket the other day for expired registration tags on my license plates. When I got the ticket I noticed that the license plate numbers were different from the numbers on my car's registration. I had recently gotten the car from my dad who had gone to the DMV to transfer the car from his name into mine. After I'd gotten the ticket I called to ask why the plates were different; he tells me he'd forgotten to put the plates on and that I'd been driving with the old ones. I've now got the plates that match my registration on my car. I don't know what to do with my ticket. My step-dad tells me to fight the ticket in court because of the situation but couldn't I just pay the fine?
As far as fighting it I would tread carefully if you are going to use the excuse that you had the wrong plates on, that might be considered driving with tags that do not belong to that vehicle. I don't know if traffic court has a prosecuter in VA but if the fine for expired plates is high, I would go to court early and talk to the prosecuter and explain the situation. He may take sympathy if you produce a valid registration for the car at the time of the summons.

Good luck
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Old 10-14-2008, 06:16 PM
 
Location: Full time RV"er
2,403 posts, read 3,685,658 times
Reputation: 1358
Quote:
Originally Posted by NJR View Post
As far as fighting it I would tread carefully if you are going to use the excuse that you had the wrong plates on, that might be considered driving with tags that do not belong to that vehicle. I don't know if traffic court has a prosecuter in VA but if the fine for expired plates is high, I would go to court early and talk to the prosecuter and explain the situation. He may take sympathy if you produce a valid registration for the car at the time of the summons.

Good luck
Excuse me folks !!! but you are all wrong . Start from the beginning , the plates were expired. Therefore legally there was NO contract with the DMV or what ever they call it in Va. Second she needs to demand a VERIFIED COMPLAINT on the NOTICE to APPEAR . You see thats what the officer gave her. Plain and simple . Now for the court to be able to proceed they need a complaint ( so don't plead GUILTY) and after you demand your constitutional rights ( the VERIFIED COMPLAINT) any place in this country they must provide it or dismiss the action. ( You may ask why??? Because the officer was not injured, He is only the person writing the report. This are your rights ! And if you think that you must contract with DMV then thats another issue. Learn you rights that many are dying for over seasand use them herer.
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Old 10-14-2008, 07:29 PM
NJR
 
236 posts, read 566,072 times
Reputation: 91
Quote:
Originally Posted by Fighter 1 View Post
Excuse me folks !!! but you are all wrong . Start from the beginning , the plates were expired. Therefore legally there was NO contract with the DMV or what ever they call it in Va. Second she needs to demand a VERIFIED COMPLAINT on the NOTICE to APPEAR . You see thats what the officer gave her. Plain and simple . Now for the court to be able to proceed they need a complaint ( so don't plead GUILTY) and after you demand your constitutional rights ( the VERIFIED COMPLAINT) any place in this country they must provide it or dismiss the action. ( You may ask why??? Because the officer was not injured, He is only the person writing the report. This are your rights ! And if you think that you must contract with DMV then thats another issue. Learn you rights that many are dying for over seasand use them herer.
Yes you are absolutly correct Fighter1. Now again I have no experience in VA so I suggest you do research on the law in VA but for example in California there is no right to a verified complaint when the citation is issued on an approved form. A defendant who contends that the notice to appear is defective must raise the issue before trial by filing a demurrer.

The notice to appear should be sufficient absent the demurrer.

Of course this is a long way to go to test the court's patience. If you know what you are doing and are prepared to carry the matter as far as you can, give it a whirl. It may work it may not but it really depends on how much time you have and how much effort you want to spend on a low buck ticket. If it was reckless driving & speeding 100mph in a 55 I would say try anything or get a lawyer.
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Old 10-14-2008, 09:58 PM
 
Location: Full time RV"er
2,403 posts, read 3,685,658 times
Reputation: 1358
Quote:
Originally Posted by NJR View Post
Yes you are absolutly correct Fighter1. Now again I have no experience in VA so I suggest you do research on the law in VA but for example in California there is no right to a verified complaint when the citation is issued on an approved form. A defendant who contends that the notice to appear is defective must raise the issue before trial by filing a demurrer.

The notice to appear should be sufficient absent the demurrer.

Of course this is a long way to go to test the court's patience. If you know what you are doing and are prepared to carry the matter as far as you can, give it a whirl. It may work it may not but it really depends on how much time you have and how much effort you want to spend on a low buck ticket. If it was reckless driving & speeding 100mph in a 55 I would say try anything or get a lawyer.
Try 105 in a 70 mph zone GONE with no lawyer, read below

Sorry to say this again . WRONG ! and especially in California Look at the bottom of that judicially approved form ! 40513, c.p.c.853.9 Now you need to go and read that code . It clearly states tha the notice to appear that tha officer gives you is just that , and that if you plead "GUILTY" it can be used as a complaint. Why would you do that?

Next it states that if you approve in writing they can proceed on the Notice to Appear! WOW ,why would you do that.

And finally you can at your arreignment you can request that a verified complaint be filed and one will be provided . Now the catch is that the cop that sign the ticket, he was not injured he can not comply with what the court is required to give for them to have jurisdiction to hear the case and 100% of the time they dismiss Go on line and check it out your self. California Penal Codes 853.9. SORRY but these are the facts that any one can and do use.

Last edited by Fighter 1; 10-14-2008 at 10:18 PM..
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Old 10-17-2008, 09:26 PM
 
Location: VAB
3,108 posts, read 3,550,513 times
Reputation: 2892
From personal experance...In Va Beach... Go to court tell the judge what happened and most likely it will get dropped. I would call down there first because sometimes all you have to do it take the proof to the courthouse cashier, and they'll drop it without you having to spend the day in court. As long as the new tags were good before you got the ticket.
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Old 10-18-2008, 05:27 AM
 
Location: Va Beach
3,508 posts, read 8,741,865 times
Reputation: 967
Quote:
Originally Posted by Spazkat9696 View Post
From personal experance...In Va Beach... Go to court tell the judge what happened and most likely it will get dropped. I would call down there first because sometimes all you have to do it take the proof to the courthouse cashier, and they'll drop it without you having to spend the day in court. As long as the new tags were good before you got the ticket.
Yes, we are a far cry from California laws. Sometimes they will work with you. Just explained what happened.
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