Incomplete Registration (coupons, insurance, how much)

[krazybob]

I renewed my registration online and got a receipt. My SMOG test was due but I am living out of a cancer hospital with my 12 year old daughter and since I live in the mountains I really can't leave my daughter and jump around the corner. The whole truth be told is that I am broke. 8 years of cancer treat5ments and I am broke.

Today I got pulled over and was cited for CVC400(a)(1), unregistered vehicle. I told CHP, they are truly wonderful members of society up here hiding behind trees and such, no lie, and the officer sarcastically argued with me that if I had not smogged my vehicle it was unregistered.

Actually, this site has referred to it as an incomplete registration but I have not seen a post yet that actually cites the statute that states that if the fees are paid, as they are, I may drive the vehicle.

Can anyone tell me the CVC statute? I'd certainly apprecia5te it just as I would appreciate correcting information if what I've read was not true. I never received an incomplete registration form from DMV.

[krazybob]

An error on my part. The section I was cited for was CVC4000(a)(1). I missed a zero.

[notmeofficer]

Bob...
I'm not sure what your question is now... you have the correct section. 4000 a is a fix it citation... which now unfortunately does have administrative costs attached to it. An unsmogged vehicle with fees deposited is still considered unregistered .
There are ways to address your hardship... but they were best addressed prior to a cite. Dmv would have given you more time.. but again the cite changes that. Please read the cal dmv website about smog and the assistance program .
You can respond on the court date time and location... listed on the citation... explain your circumstance to the judge and see what they might do to help...give you more time etc.... especially if you demonstrate the fees were deposited ... I doubt any judge would not give you more time... be expected to answer how much time you need and what your plan will be to address your issue.The judge may have the descretion to waive administrative fees... be sure to ask them if tgrh can.

I'm sorry for you hardship... blaming the chp officer for your responsibility is the wrong place to focus your energy. Dealing with government can be frustrating. I look at cars for expired registration all the time... on many occasions the operators have no insurance and that means someone driving down the road potentially with the ability to injure other people without any protection for the public at large.
Unsmogged vehicles may also be gross polluters... it is what it is
We all have to do it...

[cb73]

While the generally accepted legal stance is "it's not registered until the sticker is issued" I've noticed that some jurisdictions are more lenient than others, so yes, show up and talk to the judge.

In the meantime, start talking to the smog shops--lots of them offer coupons found in the throwaway ads and you might be able to find a deal you can afford.

[krazybob]

I originally quoted CVC 400 (a)(1) and not 4000[b]0[b](a)(1).

As for my contempt for CHP, here in the mountains of Big Bear they have earned a failing grade. They park behind boulders, trees. They pull you over and tell you that they pulled you over because your license plate light was out but then quickly follow with "Have much have you had to drink tonight?" I spent 20 years in a smaller California department and I could tell that the real focus was on finding a drunk "by accident." Their my recent addition is running LASER. They do so by literally hiding behind something and then popping up, I mention this only to show the mindset.

Elsewhere on this site I read a thread that I can't locate at the moment where it was stated that driving after paying DMV fees was allowed. DMV was to have issued me a letter stating the incomplete status of my registration and specifically that fees had been paid. I never got this form. I do know from experience that the dispatcher will return a 28 with "Registration is in progress; fees are paid and record on file." This generally means that the driver is working on the resolution and I just got an officer with an attitude of writing tickets and running up paid court time.

This was a calm stop on my part but by an officer that stood next to my 12-year old daughter as he scolded me when civil conversation would have done fine.

So... I was asking for the CVC section stating ...incomplete registration... I wasn't really here to make a fuss and I apologize if it seems that way.

[cb73]

The legal answer is not to be found in a thread here--it's in the Vehicle Code. How it is interpreted is up to the court.

The receipt that you received from DMV is all that you will receive. It does show that the fees were paid and a SMOG certificate is needed. DMV can issue a Temporary Operating Permit allowing you to legally drive while you are working out the SMOG issue--however, the fee for the permit is $50.

Regardless of the mindset of the officer, the ticket can't be resolved until you complete the registration and get your validated registration card and sticker.

[Lflores74]

I paid my tags last June 2018, including tickets. I never received them via mail, so I went in today to get the sticker. I was told I have an outstanding ticket from last February 2018. I told her how is that if I paid my tags in June, wouldn’t the ticket have been including in my fees? She said yes but I guess it was an oversight, and they didn’t catch it. She kept my registration slip and gave me an incomplete application for last years tags. Can I still drive my car with the incomplete application?

[Kristian Garrett]

So what if you get an incomplete registration notice from the dmv but you were already issued your tags? That is the situation I'm in. I have no clue what I'm supposed to do.

[cb73]

Originally Posted by Kristian Garrett

So what if you get an incomplete registration notice from the dmv but you were already issued your tags? That is the situation I'm in. I have no clue what I'm supposed to do.

What does it say is still missing? If it was for a Smog certificate, it could be that it wasn't received yet when the DMV person processed your renewal, then was received later and a 2nd DMV person completed it.

[Ultrarunner]

DMV does screw up... I had my tags and then got a notice I had not paid... I had smog and paid several weeks early

Would have been in a world of hurt had I not had my cancelled check as proof... still it took
my elected Representative to resolve.