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10-22-2007, 03:05 PM
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1 posts, read 3,047 times
Reputation: 10
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Emission Fine Loophole?
Is there anyone in N.C., who has been fined $275 for failure to inspect your vehicle (emmision fine) and figured out a loophole around paying the fine? Is it possible to appeal the fine?
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10-22-2007, 04:14 PM
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Status:
"Hatred thrives where love is silent"
(set 2 days ago)
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Location: The 12th State
19,430 posts, read 29,433,257 times
Reputation: 10442
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Like most inspection violations whether if it is a blown signal or failed emissions I would get the problem corrected and hold onto all documents and take them to court or to a District attorney showing them that the problem has been corrected.
If you go to court they may end up giving you a dismissal or prayer for judgement if you can prove the problem has been resolved and only end up paying court costs.
The district attorney may dismiss it all together if the problem is documented it has been resolve but go way before you are due in court.
Hiring an attorney is your call.
Granted this is just a forum and legal advice should be consulted in person or via phone of those who are in the legal profession.
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10-22-2007, 04:29 PM
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Location: Cary, NC
6,524 posts, read 10,722,334 times
Reputation: 3654
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I got a ticket once for an expired inspection sticker. I got it inspected, took the documents to court on my court date and the DA threw it out along with about 100 other people in line with me for similar offenses (inspection stickers, tags etc).
It's a pain to go to court though (good deterrent), so I make sure I never let ANYTHING expire now!
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10-22-2007, 04:58 PM
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836 posts, read 1,835,501 times
Reputation: 384
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Is what you have a ticket or a letter you got from DMV saying that you owe a fine? If it is a ticket, you should have a court date giving you the date that you can go and contest...then you do just what people describe above. The letters in the mail usually come when you are WAY over due on emissions inspection... at least they have with me. I do not think there is any grounds for appeal stated in the letter other than proof that the information is not true. I have always just paid the fine.
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10-22-2007, 05:33 PM
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Location: Wake Forest
3,124 posts, read 7,487,866 times
Reputation: 655
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Quote:
Originally Posted by boxer1028
Is there anyone in N.C., who has been fined $275 for failure to inspect your vehicle (emmision fine) and figured out a loophole around paying the fine? Is it possible to appeal the fine?
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Pay the fine. If you didn't do it, you didn't do it. There is no loophole. (Yes, I've paid it once myself...won't do that again.) |
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10-22-2007, 05:46 PM
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Location: North Raleigh
820 posts, read 1,539,294 times
Reputation: 459
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You CAN get an expired inspections ticket dismissed; true, but what he's got is a FINE levied by NC DMV. The tickets from law enforcement are for operating a vehicle while the inspection is expired. The fine assessed by DMV is for having a registered vehicle without proper inspection. It's virtually impossible to get out of it these days unless you can prove that the vehicle was inoperable at the time the inspection was due. That is even a stretch because you have around 90 days to get it done from the expiration date I believe before the fine is assessed.
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10-22-2007, 09:51 PM
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Location: Holly Springs
3,121 posts, read 4,138,122 times
Reputation: 1690
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I had this happen to me and the DMV dropped the fine. The vehicle was kept insured but being restored so it wasn't driven for over a year. I told them the situation and they dropped the fine when i renewed registration after getting it back on the road.
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10-23-2007, 06:52 AM
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Location: Blacksburg, VA
823 posts, read 2,267,925 times
Reputation: 200
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We just registered our truck from out of state this summer. The DMV person said that we had 10 days to get the truck inspected. My husband took it to the garage and it was inspected. Do they automatically do the emission inspection or do you have to ask for it? (I don't want to get a letter saying that the emission inspection wasn't done.)
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