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10-11-2007, 08:17 PM
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Santa Claus has the right idea. Visit people once
Status:
"no joyous way to give a festive gift? give love away."
(set 7 days ago)
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Join Date: Mar 2007
Location: The Old North State
8,193 posts, read 4,130,415 times
Reputation: 2781
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If you feel the need to appeal you will need legal council and that would be best place to help you with legal advice verses this a internet forum.
If you do go for a hearing it will take 30 days for a hearing to be arrange with the DMV.
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10-13-2007, 12:07 AM
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Member
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Join Date: Mar 2007
12 posts, read 8,017 times
Reputation: 11
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Well, this may not be the best advice, but........... I did have this happen to me once. I go the letter from the DMV about turning in the plates for 30 days because of a one day lapse in insurance. However, I did not receive a ticket. Basically, I just drove my car anyways and kept the tag. I told the DMV I mailed it in, and if they did not receive it, I am not sure why. When the 30 days was up, I paid the $20 registration fee, got a new tag and that was that. Like I said, perhaps not the best or even "legal" advice but I was a single gal with a job and had to get to work. Do with it what you will  I would agree with previous posters about going to court to show current insurance and such. You'll probably get the ticket thrown out, pay the court costs, and get the letter about NC taking your plate for 30 days. If you really don't drive the car that much, just hand it in.
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10-13-2007, 01:47 AM
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Real Estate Agent
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Join Date: Sep 2007
Location: Cary, NC
1,926 posts, read 987,487 times
Reputation: 590
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I got a ticket for no insurance, forgot what county ... I think it was either Mecklenburg or Rowan or something like that. anyway ... I was insured at the time and brought that proof with me to the court house. The DA looked at the proof and crossed something off her paperwork and went back to waiting, then when my name was called, I said "not guilty" in front of the judge and paid court costs and I was done within an hour or so. I'm not a lawyer, this ain't legal advice.
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10-13-2007, 07:20 AM
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Senior Member
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Join Date: Apr 2006
Location: Snow Hill, NC
779 posts, read 539,510 times
Reputation: 220
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Quote:
Originally Posted by tarheelcoach
This happened to me. Once your insurance lapses, not only do you have to turn in your plates, but you won't get them back for 30 days! You can't drive that car for that period of time.
Luckily for you, the car isn't driven much.
I got the ticket for driving w/o insurance thrown out by hiring a lawyer, but I still had to turn those plates in. Then they charge you like a $200 'registration re-instatement fee'!
Good luck - dealing with the NC DMV is an experience!
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They are right. If your insurance laspes for just a day, you can lose your plate for 30 days. Now if you realize it, some insurance companies can file back if it hasn't been more than 10 days since the laspe that you were not involved in an accident, have you to sign that and then pay a $50.00 fine and be done with it. But it sounds like to me that you have two options. Leave the tag with DMV and ride out the 30 days and retag it afterwards or request a hearing with DMV. But let me warn you, DMV is worse to deal with than the IRS. When we moved something similar happened to me and the tag went out even though I changed my address with DMV and should have been notified. But I wasn't. And when I had the hearing, I told him that I never got the letter giving me the option to pay the $50.00 fine. Eventually I did pay the fine and got to retain my tag but I got this long and lengthy letter from DMV stating the particulars of the hearing and they never did admit that even though I had proof I had changed my address with DMV that it was their mistake that it never made it to the main computer in Raleigh. Good luck.
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10-14-2007, 02:11 AM
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Senior Member
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Join Date: Aug 2006
486 posts, read 341,843 times
Reputation: 120
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SunnyKayak did not even read the entirety of your original post before responding. Clearly you stated that you had current insurance on the vehicle. My recommendation is to plead not guilty, explain everything to the judge and make sure he knows that it is not your vehicle and that you were not aware of the particulars of the law.
Also, SunnyKayak - the proper word is legal counsel, not legal council. A council is a group of people, counsel is advice.
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10-14-2007, 07:41 PM
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That's Asheville with an "e"
Status:
"Freedom, telling people what they do not want to hear"
(set 18 days ago)
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Join Date: Apr 2007
Location: Paradise under attack
2,092 posts, read 704,035 times
Reputation: 555
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There is a $50 fine for having your tag pulled, and there is a $50 fine to get another tag, plus the normal tag fee.
You broke the law (ignorance of the law is not an excuse anywhere in the real world), take plenty of cash to court with you.
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