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On April 1st, 2013 a relative of mine drove her car (registered in Brooklyn, NY) to Manhattan, New York City and parked it on metered street parking. While the car was parked there, she received a City of New York Parking Violation for having an expired registration.
She is not a frequent driver and has not updated her expired registration sticker, which showed an expiration date of 05/18/12. However, she in fact renewed her registration on 04/30/2012 and had a new registration expiring 05/14/2014 and showing it has been renewed on 04/30/2012 safely tacked in her glove compartment.
I offered to help her contest that ticket, took a copy of her new registration and mailed in a not guilty plea checking the “Inspection/Registration is valid” box and enclosing a copy of the new valid registration.
I was very surprised to receive the following response with a Guilty verdict:
“The respondent has been charged with violating traffic law 4-08 (j)(3). By standing or parking a vehicle, bearing New York plate or plates that did not display a current registration sticker. The registration expired on 5/18/2012 and the summons was issued on 4/1/2013.
Respondent submitted a registration sticker still attached to its backing and the registration card, which showed it was processed on 4/30/2012. Respondent checked off the valid registration box, but did not provide any further testimony. The summons indicated a registration sticker number that differed from the sticker number on the new registration. Respondent’s unsworn testimony and evidence do not persuasively establish that a valid registration was properly displayed on the windshield on the time off summons issued.”
What should my position be as I dispute this ruling by mail? It’s not about $65, but rather a matter of principle to win this. And please serious responses only (i.e. no “get a lawyer” and no “bbv” type of comments). Thanks a lot for your help guys!
Plea by mail is a quick process where some administrator goes over the "evidence" that the respondent provides and nothing more. The reason your plea was denied was because the assigned administrator would have had to check the NYSPIN system to ensure that the registration you provided was in fact for the vehicle in question, something they don't do via the mail in process. You need a hearing before a judge to plea this case so you can explain the facts further. I'm ignorant as to whether you can further appeal at this point. Hopefully someone else can answer that.
On April 1st, 2013 a relative of mine drove her car (registered in Brooklyn, NY) to Manhattan, New York City and parked it on metered street parking. While the car was parked there, she received a City of New York Parking Violation for having an expired registration.
She is not a frequent driver and has not updated her expired registration sticker, which showed an expiration date of 05/18/12. However, she in fact renewed her registration on 04/30/2012 and had a new registration expiring 05/14/2014 and showing it has been renewed on 04/30/2012 safely tacked in her glove compartment.
I offered to help her contest that ticket, took a copy of her new registration and mailed in a not guilty plea checking the “Inspection/Registration is valid” box and enclosing a copy of the new valid registration.
I was very surprised to receive the following response with a Guilty verdict:
“The respondent has been charged with violating traffic law 4-08 (j)(3). By standing or parking a vehicle, bearing New York plate or plates that did not display a current registration sticker. The registration expired on 5/18/2012 and the summons was issued on 4/1/2013.
Respondent submitted a registration sticker still attached to its backing and the registration card, which showed it was processed on 4/30/2012. Respondent checked off the valid registration box, but did not provide any further testimony. The summons indicated a registration sticker number that differed from the sticker number on the new registration. Respondent’s unsworn testimony and evidence do not persuasively establish that a valid registration was properly displayed on the windshield on the time off summons issued.”
What should my position be as I dispute this ruling by mail? It’s not about $65, but rather a matter of principle to win this. And please serious responses only (i.e. no “get a lawyer” and no “bbv” type of comments). Thanks a lot for your help guys!
From the part that I bold-faced, it looks like you (or your relative) could NOT establish that a valid registration was shown, because it wasn't. I understand your relative's frustration, but almost a YEAR after she registered, she STILL had not updated the registration sticker? (Registered 4/30/12 but the sticker had not been updated as of 4/1/13 when she got the ticket?)
Maybe if she goes in person she can get the judge to take mercy on her by explaining that the registration WAS current but she forgot (for almost a year!) to change the sticker. If I had gotten the ticket, I'd be annoyed but at MYSELF since it was my mistake, and I would just pay the $65 -- it wouldn't be worth my time to dispute something that was, after all, my own fault. How could the ticket-writer know what was the glove compartment?
Exactly what the person above said- your relative is clearly at fault here and there is no reason to let them off the hook. I've been to NYC traffic court before for an offense that I was truly innocent of and I was still found guilty. I then had to pay a court fee on top of the fine. Just let it go.
NYC could make things much easier on residents by doing what nearly every other state does. Mail out a sticker that takes seconds to attach to the license plate and its done with. The only sticker that should be on a windshield is the inspection. But NYC has a laundry list of infractions no other state would dare to even waste their time with.
“The respondent has been charged with violating traffic law 4-08 (j)(3). By standing or parking a vehicle, bearing New York plate or plates that did not display a current registration sticker. The registration expired on 5/18/2012 and the summons was issued on 4/1/2013.
Respondent submitted a registration sticker still attached to its backing and the registration card, which showed it was processed on 4/30/2012. Respondent checked off the valid registration box, but did not provide any further testimony. The summons indicated a registration sticker number that differed from the sticker number on the new registration. Respondent’s unsworn testimony and evidence do not persuasively establish that a valid registration was properly displayed on the windshield on the time off summons issued.”
What should my position be as I dispute this ruling by mail? It’s not about $65, but rather a matter of principle to win this. And please serious responses only (i.e. no “get a lawyer” and no “bbv” type of comments). Thanks a lot for your help guys!
Pay your fine. Guilty as charged! Lesson learned.
You are required to DISPLAY!!
That is, you are not simply required to have your car registered. You are also required to have your registration sticker on DISPLAY. Also, not simply on "display", but displayed in the manner required by law! Stuck onto the windshield in the proper location, so it can be quickly observed by a scrutinizing officer walking the sidewalk.
Again, the sticker must be displayed.
Having it in the glove compartment is useless and pointless. The fact that it was still on its "backing" simply exascerbates the fact that it is not and was not "displayed" properly.
NYC could make things much easier on residents by doing what nearly every other state does. Mail out a sticker that takes seconds to attach to the license plate and its done with. The only sticker that should be on a windshield is the inspection. But NYC has a laundry list of infractions no other state would dare to even waste their time with.
What difference does it make, windshield or plate?
In NY it is on the windshield because, in NYC, cops and meter maids can easily walk down a block and scope out the windshield stickers.
In other states, they do not have such an overwhelming *urban* environment, and most cars are checked by police riding in cars looking thru their windshields at rear license plates, which is why the stickers are on the plates. It is also, why most states only require a rear license plate, while NY requires both front and rear.
NYC is a different environment. Of course, the laws were written when most cops and all meter maids were on foot patrol. Today, virtually all are in vehicles, so one day, they may change the requirement from the left side to the right side of the windshield.
I understand that she was technically in the wrong here. However, given that we want to dispute this ruling - what would you suggest saying?
Of course, the dispute is going to be done by mail. I have already found a form for that, as obviously this isn't worth going to the traffic court.
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