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Old 11-24-2011, 08:41 AM
 
1,417 posts, read 2,188,393 times
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Quote:
Originally Posted by pdcnret View Post
Not sure where you got your legal training, but switching plates is not legal. Period.

If you reside in New York state, it is also not legal to register your car in another state and keep it here. This is a common scam done to take advantage of lower insurance rates in other states.

And while we're at it, if you're a New York state resident, with a currently valid NYS driver's license, you are not permitted to have a currently valid driver's license from another state.
but it is done often and theres really nothing much the police can do to enforce it.

I know its illegal to have 2 licenses from 2 or more different states.
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Old 11-24-2011, 08:57 AM
 
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Quote:
Originally Posted by Taz Crazy View Post
but it is done often and theres really nothing much the police can do to enforce it.
I know its illegal to have 2 licenses from 2 or more different states.
You can be ticketed. And the DMV can suspend your license. I'd say that's enough.
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Old 11-24-2011, 09:00 AM
 
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Originally Posted by pdcnret View Post
You can be ticketed. And the DMV can suspend your license. I'd say that's enough.

but how will an officer be able to prove that you are doing it? if your license, reggie and insurance are in another state and you live here, theres no proof the officer has to ticket you. My friends father has been doing this for 30 years and has never had a ticket.
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Old 11-24-2011, 09:03 AM
 
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for example: if you own 2 homes, one here and one in florida. which one will a person register thier auto it? I know people that spend 6 months in ny and 6 in florida. they choose the cheapest way out.
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Old 11-24-2011, 09:55 AM
 
939 posts, read 1,567,130 times
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Originally Posted by Taz Crazy View Post
but how will an officer be able to prove that you are doing it? if your license, reggie and insurance are in another state and you live here, theres no proof the officer has to ticket you. My friends father has been doing this for 30 years and has never had a ticket.
Just because someone's been doing it for years, doesn't mean it's legal or unenforceable.

A police officer doesn't have to prove anything in order to issue you a ticket. He only has to reasonably believe that a violation of the VTL has occurred. If he believes that you are a resident of this state, yet your license, registration and insurance come from another state, it will be up to you to prove that you are, in fact, a resident of that state. Bottom line is that even if you have two homes, you can only be a resident of one state. How do you determine that? Whichever state you file your state income tax return in is your resident state.

More likely, a police officer who doesn't quite have all the facts he needs to give you a ticket may, in fact, file a "motor vehicle referral" with the DMV. DMV will then schedule a hearing at which you will be required to appear and prove that you haven't done anything wrong. Not the same standards of proof required for a conviction in the DMV hearing. They wear out lots of kangaroos.
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Old 11-24-2011, 10:13 AM
 
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Quote:
Originally Posted by pdcnret View Post
Just because someone's been doing it for years, doesn't mean it's legal or unenforceable.

A police officer doesn't have to prove anything in order to issue you a ticket. He only has to reasonably believe that a violation of the VTL has occurred. If he believes that you are a resident of this state, yet your license, registration and insurance come from another state, it will be up to you to prove that you are, in fact, a resident of that state. Bottom line is that even if you have two homes, you can only be a resident of one state. How do you determine that? Whichever state you file your state income tax return in is your resident state.

More likely, a police officer who doesn't quite have all the facts he needs to give you a ticket may, in fact, file a "motor vehicle referral" with the DMV. DMV will then schedule a hearing at which you will be required to appear and prove that you haven't done anything wrong. Not the same standards of proof required for a conviction in the DMV hearing. They wear out lots of kangaroos.
so an officer can issue a ticket just for the heck of it with no actual crime being committed? sounds like officers like to falsify tickets alot more often then we know. thanks for the confirmation. I never wanted to hear there were dirty cops but it is what it is.
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Old 11-24-2011, 11:02 AM
 
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Quote:
Originally Posted by Taz Crazy View Post
so an officer can issue a ticket just for the heck of it with no actual crime being committed? sounds like officers like to falsify tickets alot more often then we know. thanks for the confirmation. I never wanted to hear there were dirty cops but it is what it is.
What part of my post are you having trouble understanding? Nobody said anyone can or will issue a ticket without an offense being committed. What I said is that the police officer doesn't have to prove anything at the time he issues a ticket. He only has to reasonably believe that an offense was committed. The proving it part comes at the trial.

Now go back and re-read my post. Slowly this time. And try understanding what I wrote -- not what you think I wrote or what you otherwise might believe.

Last edited by pdcnret; 11-24-2011 at 11:34 AM..
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Old 11-24-2011, 12:38 PM
 
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Originally Posted by pdcnret View Post
What part of my post are you having trouble understanding? Nobody said anyone can or will issue a ticket without an offense being committed. What I said is that the police officer doesn't have to prove anything at the time he issues a ticket. He only has to reasonably believe that an offense was committed. The proving it part comes at the trial.

Now go back and re-read my post. Slowly this time. And try understanding what I wrote -- not what you think I wrote or what you otherwise might believe.
so an officer doesnt have to show just cause for pulling someone over? an officer can issue a ticket just because he feels like it?
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Old 11-24-2011, 01:13 PM
 
Location: Former LI'er Now a Rehoboth Beach Bunny
7,243 posts, read 9,593,264 times
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Quote:
Originally Posted by Taz Crazy View Post
for example: if you own 2 homes, one here and one in florida. which one will a person register thier auto it? I know people that spend 6 months in ny and 6 in florida. they choose the cheapest way out.

Taz try this one. If you have homes in 2 states, by law you must claim one as a LEGAL residence. Using your example, you can't reside in both states an equal number of days. Since, there are 365 days in a year. Dividing 365 by 2 (i.e. two 6 month periods) = 182.5. Since we don't deal in 1/2 days. You then need to pick which state you are going to add the 1/2 day to make the 183rd day, which is the one you claim as your legal residence. In other words where you spend the most time. Generally, that decision is predicated upon many factors, often taxes and inheritance laws.

If, you spend more time in New York, then you should not have a Florida license, registration and insurance, because your legal residence is New York. As far as the burden of proof, if you are ticketed for this, you will need to prove which state is the legal residence and I would suggest that you are not on the wrong side of that equation as the ramifications can be costly.
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Old 11-24-2011, 01:16 PM
 
Location: Former LI'er Now a Rehoboth Beach Bunny
7,243 posts, read 9,593,264 times
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Quote:
Originally Posted by nuts2uiam
If I am ever selling a car and you are the buyer, plan on letting the car sit in my driveway until you get new plates, you are not taking my plates and joyriding. I will not be on the hook for parking tickets, or liable for accidents. I am sure Big Mike will back me up on this one. Once you pay me in cash, or if in a check it must clear, then and only then, I will sign the title over to you and note the mileage. You will obtain insurance and then take the signed title, the bill of sale and proof of insurance to DMV and register it after paying the sales tax and appropriate fees. I don't know who you bought that last car from but he was a few tools shy in the shed if he allowed you to drive off with his plates.

that is YOU but if you were a friend and someone I trusted then I would allow you.

I hope you always buy cars from "friends" who are that trusting.
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