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View Poll Results: Am I guilty?
Yes 6 46.15%
No 2 15.38%
Maybe? 1 7.69%
You Are An Idiot! 4 30.77%
Voters: 13. You may not vote on this poll

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Old 08-08-2007, 01:06 PM
 
3 posts, read 58,400 times
Reputation: 10

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HELP!!!!

I revieved a misdemeanor ticket the other day for driving a vehicle with no insurance, he took my tag and I had to get my vehicle towed home.

Let me preface this by saying that this vehicle belongs to my wife, and is her second vehicle, which is hardly driven. I was driving, and I recieved the ticket.

We got married in October of last year, and aparently my wife let the insurance lapse on the vehicle of a period of 11 days, because we spent everything on our honeymoon and could not pay until we got back. I now understand that when you insurance lapses, even for 1 day, you must turn in your tags and the state will issue a new one when you get insurance?? Aparently she did not know that and never got a new tag, however she did reinstate the insurance 11 days later. So, technically the vehicle has insurance, but I am guessing just not a valid tag, and therefore according to the DMV, because it is the same tag that was on the car when the insurance lapsed, the vehicle is uninsured? So, basically we have insurance, but we failed to get a new tag like we are supposed to. What will happen? It's not like I was trying to drive without paying for insurance? What is the judge likely to do??? I can prove the vehicle had insurance, and how can an insurance company insure the car if it doesnt have a valid tag? Should the insurance company not have known of this when we reinstated the insurance, they never said anything about it and we never recieved any notice from DMV, however, I am aware that ignorance is no defense against the law. Please help me with advice, I am guessing at this point I am in dire need of an attorney, however I don't really feel that I, personally have done anything wrong? Are they going to take my liscense? Is MY insurance going to go up?? I am extremely stressed and worried over this matter, and would appreciate any advice?

Thanks!
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Old 08-08-2007, 01:14 PM
 
Location: The 12th State
22,974 posts, read 65,252,507 times
Reputation: 15075
Im sorry for you but the law was broken. Regardless of your circumstance, how much car is driven the law is there to protect others from uninsured drivers. Pay ticket, pay the insurance get the tags and move on.

Fight this would be just more costly for you but if you feel like supporting an attorney lifestyle go ahead.

Get everything taken care of insurance tags etc. and take proof all this has been taken care of to court.
Dress nice , be nice to the judge and hope for the best. Ask for prayer for judgement.
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Old 08-08-2007, 01:22 PM
 
3 posts, read 58,400 times
Reputation: 10
Thanks for the advice kayak, should I not get an attorney?
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Old 08-08-2007, 01:26 PM
 
Location: The 12th State
22,974 posts, read 65,252,507 times
Reputation: 15075
If you have a good record I am going with no just proof that you do have insurance the tags, etc explain to judge that you made the mistake, was unclear, and regret it happening and will not let it happen again. Hope for the best. But expect you may end up paying court costs.
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Old 08-08-2007, 01:31 PM
 
3 posts, read 58,400 times
Reputation: 10
Quote:
Originally Posted by SunnyKayak View Post
If you have a good record I am going with no just proof that you do have insurance the tags, etc explain to judge that you made the mistake, was unclear, and regret it happening and will not let it happen again. Hope for the best. But expect you may end up paying court costs.
Thank you, I thought it might work out kind of like that, I do have a clean record, and paying court cost and any other fines they require seem completely fair. I was just afraid they would take my liscense or give me insurance points or something major, the general sound of the ticket scared me!....but thank you again kayak!
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Old 08-08-2007, 01:48 PM
 
Location: Cary, NC
27 posts, read 189,586 times
Reputation: 21
You could always get a prayer for judgement. Or talk to the DA when you go to court and as long as everything is up to date before the court date, the DA usually throws it out.
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Old 08-08-2007, 02:30 PM
 
Location: Clayton, NC
1,515 posts, read 6,965,068 times
Reputation: 664
If everything is up to date like you said it is, then no worries.

You just have to bring proof, show it and the only thing you will have to pay is court costs.

Lawyer? Uh, no...unless you want to pay an additional $300-500, I wouldnt do it. Again, AS LONG AS YOU HAVE THE PROOF, all you will have to pay is court costs and I think thats between $90-120. Be prepared. Bring cash.

good luck!
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Old 08-08-2007, 06:31 PM
 
67 posts, read 284,263 times
Reputation: 63
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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Old 08-08-2007, 10:50 PM
 
Location: Lake Norman Area
1,502 posts, read 4,067,567 times
Reputation: 1272
"If it were me"...

I would first of all show that the vehicle WAS NOT registered to me, and that you were driving the vehicle in good faith thinking that the vehicle had insurance. Secondly go to court and show proof of current insurance on the vehicle.

A disclaimer is no one on here can give you legal advice, and certainly cannot say whether or not to hire an attorney. The above is simply what I would do.
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Old 10-11-2007, 04:48 PM
 
10 posts, read 104,286 times
Reputation: 18
The same thing happened to me but... I just rec'd the letter in the mail telling me that I need to turn in my plate for 30 days, or try to schedule a hearing to appeal.

It is no fault but my own, there was a lapse in insurance, the same situation as wonka. If I ask for this appeal process, what will happen there? Will they just make me a pay a fine, or worse actually turn in my plates?

I am getting really worried, as we are a 2 career family, and can't afford nor work with only one car. Any thoughts would be appreciated, as I am native and naive Massachusetts resident.

Thanks for your help!
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