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Old 12-19-2011, 08:29 PM
 
38 posts, read 155,161 times
Reputation: 46

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I have to park on the street and I didn't notice that my tags are expired. Oops. So I ordered new tags online, and while waiting I got ticketed again.
I am now displaying the ticket on my windshield and hopefully I won't be ticketed again.

Is there any way to fix this or do I need to pay both tickets?
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Old 12-19-2011, 08:33 PM
 
Location: CA
1,253 posts, read 2,944,011 times
Reputation: 1362
Quote:
Originally Posted by atenant89 View Post
...and while waiting I got ticketed again.
Awwww
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Old 12-19-2011, 10:08 PM
 
Location: Los Angeles County, CA
29,094 posts, read 25,994,583 times
Reputation: 6128
I am surprised that you are being fined for this - normally this is a "fix-it" citation - once you get the tags - you are not charged with a violation of the law.

Pay the first one - but plead not guilty to the second. You will go to trial and tell the judge your story. Be sure to emphasize that you received 2 ciations in a short amount of time and bring all your paperwork. If someone was with you whn you were renewing online, bring them to court so they can testify as a witness that you rectifying the situation. You can prepare some questions to cross-examine the officer. And - the officer may not show up - if that is the case - the citation will be dropped and you will get your money back (when you plead not guilty you will have to pay the amount of the fine as assurance that you will appear for trial).

The judge may listen to your case and realize you were attempting to comply with the law - find you not-guilty and you will get your money back and have no record.

Good Luck
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Old 12-19-2011, 10:16 PM
 
38 posts, read 155,161 times
Reputation: 46
Is it really worth it to go to court over a $25 ticket? I was hoping for a better way. But thank you for your suggestion.
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Old 12-20-2011, 01:51 AM
 
2,245 posts, read 4,230,383 times
Reputation: 2155
Quote:
Originally Posted by atenant89 View Post
Is it really worth it to go to court over a $25 ticket? I was hoping for a better way. But thank you for your suggestion.
You do not need to attend -- simply request a trial by declaration, then send a letter explaining the matter to the judge.
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Old 12-20-2011, 09:32 AM
 
Location: Full Time: N.NJ Part Time: S.CA, ID
6,116 posts, read 12,586,608 times
Reputation: 8687
Quote:
Originally Posted by Harrier View Post
I am surprised that you are being fined for this - normally this is a "fix-it" citation - once you get the tags - you are not charged with a violation of the law.

Pay the first one - but plead not guilty to the second. You will go to trial and tell the judge your story. Be sure to emphasize that you received 2 ciations in a short amount of time and bring all your paperwork. If someone was with you whn you were renewing online, bring them to court so they can testify as a witness that you rectifying the situation. You can prepare some questions to cross-examine the officer. And - the officer may not show up - if that is the case - the citation will be dropped and you will get your money back (when you plead not guilty you will have to pay the amount of the fine as assurance that you will appear for trial).

The judge may listen to your case and realize you were attempting to comply with the law - find you not-guilty and you will get your money back and have no record.

Good Luck
that would be perjury - surely not a wise suggestion.

By the OP's own admission, (s)he broke the law - twice.

..... As for the original question - IF you have, in fact, paid online and ordered new tags, you'll probably be fine. Most parking agencies pull dmv records digitally these days, and running your license number and/or vin will show your payment to the DMV and that they are processing the transaction. This will likely cause the officer to not cite you.
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Old 12-20-2011, 01:38 PM
 
Location: Southern California
15,080 posts, read 20,464,507 times
Reputation: 10343
Quote:
Originally Posted by atenant89 View Post
I have to park on the street and I didn't notice that my tags are expired. Oops. So I ordered new tags online, and while waiting I got ticketed again.
I am now displaying the ticket on my windshield and hopefully I won't be ticketed again.

Is there any way to fix this or do I need to pay both tickets?
You didn't get the reminder from the DMV? And how long since they expired (as there's a grace period that allows you to drive with expired tags)?

Quote:
Originally Posted by atenant89 View Post
Is it really worth it to go to court over a $25 ticket? I was hoping for a better way. But thank you for your suggestion.
What other way could there be besides challenging the ticket in court or paying the ticket?
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Old 12-20-2011, 03:56 PM
 
Location: Los Angeles County, CA
29,094 posts, read 25,994,583 times
Reputation: 6128
Quote:
Originally Posted by 1200RT View Post
that would be perjury - surely not a wise suggestion.

By the OP's own admission, (s)he broke the law - twice.

..... As for the original question - IF you have, in fact, paid online and ordered new tags, you'll probably be fine. Most parking agencies pull dmv records digitally these days, and running your license number and/or vin will show your payment to the DMV and that they are processing the transaction. This will likely cause the officer to not cite you.
How would pleading not guilty be perjury? Perjury is false testimony given under oath in a court of law. Pleading guilty or not guilty is the formal manner to determine how a legal matter will be settled. Everyone has the right to challenge the states case against them. A plea of not guilty even if you are guilty is not perjury because it is not done under oath. The matter will will be settled by the court and the burden is on the state to prove guilt.

In this case the citation may be dismissed if the OP can prove they were not blatantly flaunting the law - that they were in fact attempting to get new tags. A judge who is fairly weighing the case will likely see that efforts were being made to comply with the law and clear the OP. That can only be done if he/she pleads not guilty.

The trial by declaration is a good route to go as someone suggested.
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Old 12-20-2011, 04:02 PM
 
Location: Full Time: N.NJ Part Time: S.CA, ID
6,116 posts, read 12,586,608 times
Reputation: 8687
Judge: Was your car parked on the street without valid registration?
OP: Yes, Sir.
Judge: Twice?
OP: Yes, Sir.
Judge: So your entered plea of 'not-guilty' is incorrect, as you just admitted to the crime (twice).
OP: Yes, I suppose you're right, Sir.

.... the fact of the matter here is that the OP was not trying to comply with the law. The first citation was warning enough to clean up your business. The OP did not, and as such was cited. People use this forum time and time again to beef about law enforcement and/or parking enforcement after they have freely admitted wrongdoing. These posts waste this forum's time, equally as much as wasting the court's time if contested.

Take some responsibility here, people. You made a mistake, now pay up.
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Old 12-20-2011, 04:12 PM
 
Location: Los Angeles County, CA
29,094 posts, read 25,994,583 times
Reputation: 6128
The OP was attempting to comply with the law - by ordering new tags. Use of the court for it's intended purpose is not wasting time. A plea of guilty or not guilty is not a matter of "correct" or not "correct" - pleading not guilty allows the OP to protect her rights under the law and requires the state to prove it's case beyond a reasonable doubt. You 1200RT are the enemy of liberty and responsible governmemt in our republic if you would discourage someone from taking action to defend themselves. Let the system work.
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