Failure to Transfer Title, Criminal Charge

[techsource365]

My question involves vehicle registration or title in the state of: Washington


Hello All,

I was gifted a vehicle by my mother for my personal use (primarily used for commuting to school and work) I did not transfer the title and have been driving for two years. I got pulled over by a police officer for not wearing my seat belt and was also given a criminal citation . I have been told to show up for a mandatory court appearance. Failure to show up can lead to an arrest warrant.

I will very gladly pay the transfer of the title and show that proof to the judge and pay any penalties assessed. I have no criminal record (except for traffic/speeding/seat belt tickets).

I am very worried that I can be sentenced to jail and get a criminal record which can hurt my school and chances at employment.

*Please advise me and let me know what I can expect at the court appointment* Thank you so much and GOD BLESS.

[PTPD22]

RCW 46.12.650
...
(7) Penalty for late transfer. A person who has recently acquired a motor vehicle by purchase, exchange, gift, lease, inheritance, or legal action who does not apply for a new certificate of title within fifteen calendar days of delivery of the vehicle is charged a penalty, as described in RCW 46.17.140, when applying for a new certificate of title. It is a misdemeanor to fail or neglect to apply for a transfer of ownership within forty-five days after delivery of the vehicle. The misdemeanor is a single continuing offense for each day that passes regardless of the number of days that have elapsed following the forty-five day time period

Misdemeanors in Washington carry a maximum sentence of not more than $1,000.00 and not more than 90 days in jail. While it is unlikely that you will be given a jail sentence for this charge, it IS a criminal conviction. You should consult with an attorney and ask about the possibility of negotiating a deal for a reduced charge to an under 45 day violation. You may be able to negotiate this without the assistance of a lawyer, but I would suggest at least consulting with one first. If you qualify, you can request a public defender at your initial hearing.

[techsource365]

I see. I will hire and consult a good criminal defense attorney on this.

If I do get convicted of a misdemeanor. How long will it stay on my record ?

[PTPD22]

I'm not sure what you mean. If you are convicted of a crime, the record is there for good and will forevermore show on a criminal background check unless you are later able to get it expunged or sealed.

[techsource365]

Yes. At the time of the citation the auto was registered and insured in my mothers name.

[Mr. Knowitall]

How did the officer determine that you had violated the statute listed above, as opposed to your merely driving a vehicle you had borrowed from mom?

[techsource365]

Guys,

Basically I was driving a car that is registered to my mother (tabs are current) when I got pulled over last saturday for a seat belt violation, the officer asked why I was driving a car which was registered to someone else.

I told him it was my mothers and that the title is not updated with my name. The officer then handed a criminal citation to me for failing to transfer title within 45 days.

If I hire a attorney, do you think the charges can be dismissed ?

im a full time student and plan to enter the job market afterwards and cannot afford a criminal record. Your two cents are always appreciated. Thanks.

-Ali

[PTPD22]

In your first post, you stated that the car was "gifted" to you. That means that your mother gave you the car and it is now your sole property. In this last post, you say that the car is your mother's and the title "is not updated with my name." That implies that you mother has retained ownership of the car and simply wanted to add you to the title as a co-owner. Which is it? More importantly, which did you tell the cop?

Has your mother sent in a report of sale or anything else documenting that she has released ownership of the vehicle?

[techsource365]

PTPD22,

The car was indeed gifted to me by my mother. It has been in her name all the time.

- - - Updated - - -

PTPD22,

The car was gifted to me. Yes, she did send in a report of sale as well.

[jk]

PTPD22,

The car was indeed gifted to me by my mother. It has been in her name all the time.

- - - Updated - - -

PTPD22,

The car was gifted to me. Yes, she did send in a report of sale as well.

Did she sign the title and give it to you?