Out of State Impound

My question involves a traffic citation from the state of: Indiana

I was stopped in Indianapolis, IN. I am an Ohio resident.

I was ticketed for operation of vehicle w/expired plates [9-18-2-7]

But as a non-resident there also exists in the same [9-18-2] chapter:

Code:

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IC 9-18-2-2
Registration; nonresidents
    Sec. 2. (a) Except as otherwise provided in this section, a nonresident who owns a vehicle required to be registered under this article may:
        (1) operate; or
        (2) permit the operation of;
the vehicle in Indiana without registering the vehicle or paying any fees if the vehicle is properly registered in the jurisdiction in which the nonresident is a resident.
    (b) An exemption granted to nonresident owners under this section applies only to the extent that Indiana residents are granted exemptions in the jurisdiction that is the residence of the nonresident.
As added by P.L.2-1991, SEC.6.

IC 9-18-2-3
Reciprocity
    Sec. 3. An officer of the state charged with the enforcement of this article shall grant to a person who is a nonresident owner of a vehicle privileges of vehicle operation in Indiana equal to the privileges granted to an Indiana resident who owns or operates a vehicle in the person's state of residence.
As added by P.L.2-1991, SEC.6.

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I am not required to plate my non-commercial vehicle according to Ohio code. I have 60 days to appear. But I am now stuck in Indianapolis where the state has no jurisdiction even according to their own code.

I recorded the stop with the police and informed them of my rights and also informed the third party tow company they did not have my permission to impound my vehicle - and would be considered theft.

How can I get unstuck? Indiana doesn't have the authority to require me to register or plate my automobile - especially being a non resident. Which, intact what they are trying to force me to do with it being impounded out of state.

Im not sure how to move forward here. Ive thought to send a letter to the court informing them of their lack of jurisdiction...
Ive also researched a bit on injunctions but have found very little information (particularly where I am the defendant - do I need to sue the tow company?)

Your help would be appreciated. Thanks,
Respectfully,

Tommy

You're exempt if? "the vehicle is properly registered in the jurisdiction in which the nonresident is a resident"

The code you attached does not, in my reading, exempt you from the laws of Indiana. Clearly states that you don't have to register you vehicle in Indiana if properly registered in another jurisdiction.

And where is Ohio code does it say you don't need a license plate and registration. I used to live there and I do remember being required to plate and register my car.

It appears to me that Indiana does in fact have the authority to make you register your car, as you were not properly registered when caught.

The exemption you refer to has nothing to do with this situation. There is no exemption in Ohio allowing Indiana residents to drive with expired registration, at least to my knowledge.

I live in OH. You must have a plate for any car, truck or motorcycle. What were you pulled over on a bicycle?

Im actually just looking for procedural help.
I would like to inform the court that they lack jurisdiction. As well as get my car out of impound because of their lack of jurisdiction.

The claim is that I was involved in a traffic stop and cited for driving/operating a motor vehicle w/expired plates. None of this is true.
And is impossible for the courts to prove, which I would like to make clear now to them.

I have an 8.5/11 printed ticket that seeks my signature admitting or denying the violations with an address. Of course I intend to deny the charges, but can I also do this in legal form?

Were your Ohio plates expired or not at the time you were pulled over for the infraction in Indiana?

I was not driving a vehicle required to be registered with plates.

Which is the point. There were expired temp tags (after recent purchase of the vehicle). But, again: my vehicle was not subject to requiring a valid registration.

Quote:

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Quoting Sweet-T

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I was not driving a vehicle required to be registered with plates.

Which is the point. There were expired temp tags (after recent purchase of the vehicle). But, again: my vehicle was not subject to requiring a valid registration.

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What law do you think exempts you from registering your vehicle, cause I'd wager it either doesn't exist or you are misinterpreting it. If you point it out, we can either help you formulate a defense (if you are right) or show you how you are misinterpreting it to prevent further issues.

Quote:

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Quoting Sweet-T

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I was not driving a vehicle required to be registered with plates.

Which is the point. There were expired temp tags (after recent purchase of the vehicle). But, again: my vehicle was not subject to requiring a valid registration.

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And what type of motor driven vehicle in the state of Ohio that can legally be driven on a highway doesn't require State registration?

Quote:

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Quoting free9man

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What law do you think exempts you from registering your vehicle, cause I'd wager it either doesn't exist or you are misinterpreting it. If you point it out, we can either help you formulate a defense (if you are right) or show you how you are misinterpreting it to prevent further issues.

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Actually its quite opposite. There is no law requiring all vehicles be registered. Only motor vehicles.

Quote:

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Quoting Who'sThatGuy

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And what type of motor driven vehicle in the state of Ohio that can legally be driven on a highway doesn't require State registration?

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An automobile.

I don't know how to discuss this with most people. Ive been called crazy from peace officers to friends for understanding law.

Just as a "foot" is defined differently in biology and architecture and how a corporation can be a "person"; Its a court of law, being governed by law.. use legal definitions!
You've all heard ignorance of the law is no excuse... it works both ways.

A search term "City of Dayton vs. DeBrosse" will provide many good case law in PDF with the first result.
** Note, my hometown is the city of Dayton.

Finally challenge yourself. You think you know what driving is, but Id bet you're wrong in saying so in a courtroom.
Check out Blacks Law or what judges have decided in the past.

Define "traffic" "driver" "traveler", and as in the above City of Dayton vs DeBrosse: The term `motor vehicle' is different and broader than the word `automobile.'"

"A motor vehicle or automobile for hire is a motor vehicle, other than an automobile stage, used for the transportation of persons for which remuneration is received."
International Motor Transit Co. vs. Seattle, 251 P. 120


Compare to law and you will see it all in focus. Only those conducting trade or commerce (taxies, truck drivers, etc) are "drivers" in "motor vehicles". Most people (99.99%) self incriminate themselves into saying they were driving, or involved in a traffic stop, etc. But I most certainly was not. And the court will have no success in proving so, according to law.