My question involves vehicle maintenance laws for the State of Maine. I drive an '89 Ford Aerostar, which was originally brown, but thanks to modifications done to it by a customization company, the original inner door panels ripped out, so it has red doors on it. At about 2am, I was driving home from my parent's new house, when I passed a cop stopped at an intersection. He then followed me for a bit and pulled me over, not because I was speeding (I was doing about 30 in a 25, which is normal for the area), but because my license plate was muddy. This is what he told me the reason was, he did not ticket me for the plate. I also have not intentionally covered my plate in mud to conceal anything, there is no reason to, the registration was up to date, we just happened to have had a lot of rain lately, combined with a lot of dirt on the roads and a dirt driveway at work. It is definitely no dirtier then the rest of the back of the van. It also is not completely illegible, it just has a film of dirt on it, and oddly enough I had washed it off about a week ago when I filled up the gas tank and cleaned the back windows. I was then given a ticket for the inspection being out, which frankly I hadn't realized, my life's been hectic trying to move all my tools and equipment out of my old work, because the building was foreclosed on and auctioned off. I am also just about broke, currently looking for a job, and need to buy a couple tires for the van to pass inspection. Should I try to fight this? Would asking the court for a reduced fine do any good? I can't be without my license, I need to be moving my stuff into storage and looking for a job, but I've only got a little bit of money right now and can either pay for tires, tickets, or daily needs, not all 3.
As far as the ticket goes, the info all looks correct (the guy's handwriting is bad, but not as bad as mine), except they have the "Body" down as "Van", it's technically a mini-van, but I doubt that matters. They also have a "Code" listed as "227", what does that mean?
Pulled Over for Mud on License Plate
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08-19-2013, 12:41 AMjustcozPulled Over for Mud on License Plate
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08-19-2013, 08:43 AMDisagreeableRe: Pulled Over for Mud on License Plate
An obstructed license plate is illegal. Many times people will obstruct them to cover expiration. Once the officer determined you had not done so, he let it go. By your own admission, inspection had not been done and the vehicle would not pass inspection. No one will suggest you appear in court and lie about that. If the officer wanted to be rude, he could have written you for the tires and towed or parked the unsafe vehicle.
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08-19-2013, 08:45 AMAntigoneRe: Pulled Over for Mud on License PlateFight what, the ticket looks valid to me.Quote:
Quoting justcoz
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08-19-2013, 11:19 AMdavidmcbeth3Re: Pulled Over for Mud on License Plate
Well, its a strict liability law....so it looks like you wish to argue a force majeure defense
http://en.wikipedia.org/wiki/Force_majeure
Burden of this defense is 100% on the OP.
From what the OP states, that the concealment is due to circumstances over a long period of time, I don't think that the argument would win the day.
But it is the only argument that the OP can make that I can see.
Good luck ! In this case, you are going to need it. -
08-23-2013, 04:26 PMjustcozRe: Pulled Over for Mud on License Plate
Thanks for all your help. After reading around a bit more on the forum, I suspected I was going to get answers like this, it's why today is the first time I've bothered to see if there was a reply. I was wondering if being pulled over for having a dirty car, especially when it's dirty mostly due to the condition of the road (ME Rt 1A), and as such is no dirtier then any other car that isn't washed regularly, was reasonable and legal, and if the ticket could be overturned by proving the stop was, for lack of a better term, ridiculous. We're not talking about a plate that's caked in mud, the main effect of the dirt was that it darkened the reflective white paint. I was also wondering if a court would grant leniency with the fine. BTW, thanks for your assumption that I'm running around on bald and unsafe tires, the tires are worn just below the wear line but still have plenty of tread.
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08-23-2013, 04:52 PMDisagreeableRe: Pulled Over for Mud on License Plate
You are running around on unsafe tires. Any other questions?
Quote:
§1917. Tires and wheels
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2. Safe tires required. A motor vehicle may not be operated on a public way unless it is equipped with tires in safe operating condition. A tire mounted on a motor vehicle is not considered to be in safe operating condition unless it meets the visual and tread depth requirements set forth in subsections 3 and 4, the overall diameter of the properly mounted and inflated tire is within 2 inches of the range of sizes recommended by the manufacturer for the model vehicle and the vehicle is in compliance with the frame height requirements provided in section 1920.
[ 2009, c. 251, §8 (AMD) .]
3. Visual requirements. A tire is not in safe operating condition if that tire has:
A. A fabric break or a cut in excess of one inch in any direction as measured on the outside of the tire and deep enough to reach the body cords; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
B. A temporary repair by the use of blowout patches or boots; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
C. A bump, bulge or knot related to separation or partial failure of the tire structure; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
D. A portion of the ply or cord structure exposed; or [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
E. Sidewalls damaged to the extent that the body cords are damaged. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
4. Tread depth. A tire is not in safe operating condition if it is worn to the point where less than 2/32 inch of tread design remains at all points at which gauge readings are required. Tread depth must be measured as follows.
A. Tire tread depth must be measured by a tread depth gauge that is calibrated in 1/32 inch. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
B. Readings must be taken in all major tread grooves and must include at least 2 points not closer than 15 inches. [2007, c. 348, §17 (AMD).]
C. Readings for a tire that has the tread design running across the tire or for a siped tire must be taken at or near the center of the tire at 2 points of the circumference not closer than 15 inches. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
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08-27-2013, 12:09 AMjustcozRe: Pulled Over for Mud on License Plate
You haven't answered ANY of my questions, so it's probably pointless to ask any more. I didn't even ASK about tires, and I don't think you, who have never even seen my tires, let alone being any sort of mechanic, are in any position to determine the safety of my tires. I KNOW my tires were getting worn out, and have ALREADY BOUGHT the new tires, and have an appointment tomorrow to get an inspection! Now, after spend $150 on those, I don't have $133 to pay this stupid fine. IS THERE ANYTHING I CAN DO?
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08-27-2013, 06:20 AMDisagreeableRe: Pulled Over for Mud on License Plate
Buy new tires, obtain an inspection and pay your ticket.
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08-27-2013, 07:15 AMaardvarcRe: Pulled Over for Mud on License Plate
It really IS that simple!
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08-27-2013, 12:53 PMjustcozRe: Pulled Over for Mud on License Plate:wallbang: $21.47 is all that I have to live on until I can find another job, which I'm trying to do, but I probably won't have a paycheck in the next 12 days. Forget it, I'll just contest it and see what happens, at the least it gives me more time to come up with money. You guys have been as helpful as a sack of potatoes.Quote:
Quoting Disagreeable