Results 1 to 3 of 3
  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default Mistaken Filing Resulting in Expired Registration, Ticket

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

    Hey guys. I was just pulled over in Ruston, WA today, right at the entrance to Point Defiance Park. The officer pulled me over for expired tabs, then handcuffed me and put be in the back of his car for like 30 min.

    Long story short, I got a $216 ticket for expired TABS, but then also charged with a class C Misdemeanor (RCW 46.12.101) Failure to transfer title of the car within 45 days, and got a court date for that.

    BUT, here is how all this happened. Essentially, last year my bro was deployed to the Middle East, gave his car to me. We didn't have enough time to do all the transfer work, because this was in San Diego, CA. But anyway, here was where I messed up, I think:

    I was researching on transferring the title of ownership, and all that, and mistakenly filled out a report of Sale for the car, on the DMV website. So what happened is the Car is now not under anyone's possession, and that's why the new TAGS were never mailed.

    Now I accept the the tabs infraction, and will pay it. But is there a way out for this other "Failure to Transfer Title" misdemeanor. Because I know on this site, http://www.dol.wa.gov/vehicleregistr...sfertitle.html

    it says you can delete that report by going into the DMV. Now if I do this, can I get this thing just taken care of easily, while it's still fresh?

    Or am I gonna have to go consult a lawyer and all of that stuff.

    Guys I really appreciate any help you can give me, any insight, comments, referrals, anything.

    PS: I do think if this was anywhere but Ruston, they would have let me off easy with probably just the tabs ticket, and told me to go fix the other problem. But they're a little stricter. Maybe not?

    Thanks guys!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Wa State.really Stupid Mistake

    the seller files the report of sale, not the buyer. The buyer is responsible for filing for a new title.

    Unless you want to claim the car was not sold or given to you, I see no way out of your predicament. Since you presumably told the cop that your bro gave you or sold you the car, I don't see that as a wise decision.

    We didn't have enough time to do all the transfer work, because this was in San Diego, CA.
    Ya lost me already. Your bro can do the report of sale on the internet (just like you did for him). He signs the title and you go and file for a new title in your name. Your excuse is just that and a poor one at that.

    and that's why the new TAGS were never mailed.
    No. Tags were never mailed because you never transferred the title into your name like you were supposed to.


    Your brother would have to go to the DMV and have the report cancelled but since he actually did sell you the car, that would be illegal.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Wa State.really Stupid Mistake

    Quote Quoting MZRDrunning
    View Post
    My question involves vehicle registration or title in the state of: Washington State

    Hey guys. I was just pulled over in Ruston, WA today, right at the entrance to Point Defiance Park. The officer pulled me over for expired tabs, then handcuffed me and put be in the back of his car for like 30 min.

    Long story short, I got a $216 ticket for expired TABS, but then also charged with a class C Misdemeanor (RCW 46.12.101) Failure to transfer title of the car within 45 days, and got a court date for that.

    BUT, here is how all this happened. Essentially, last year my bro was deployed to the Middle East, gave his car to me. We didn't have enough time to do all the transfer work, because this was in San Diego, CA. But anyway, here was where I messed up, I think:

    I was researching on transferring the title of ownership, and all that, and mistakenly filled out a report of Sale for the car, on the DMV website. So what happened is the Car is now not under anyone's possession, and that's why the new TAGS were never mailed.

    Now I accept the the tabs infraction, and will pay it. But is there a way out for this other "Failure to Transfer Title" misdemeanor. Because I know on this site, http://www.dol.wa.gov/vehicleregistr...sfertitle.html

    it says you can delete that report by going into the DMV. Now if I do this, can I get this thing just taken care of easily, while it's still fresh?

    Or am I gonna have to go consult a lawyer and all of that stuff.

    Guys I really appreciate any help you can give me, any insight, comments, referrals, anything.

    PS: I do think if this was anywhere but Ruston, they would have let me off easy with probably just the tabs ticket, and told me to go fix the other problem. But they're a little stricter. Maybe not?

    Thanks guys!
    Here is RCW 46.12.101.... I'm not sure whether you went online, pretending to be your brother or whether you initiated the report as coming from you, the transferee... However, that is not what you were cited for...

    You were cited for (and I quote subparagraph (6)(e) of RCW 46.12.101 ):
    Failure or neglect to make application to transfer the certificate of ownership and license registration within forty-five days after the date of delivery of the vehicle is a misdemeanor and a continuing offense for each day during which the purchaser or transferee does not make application to transfer the certificate of ownership and license registration. Despite the continuing nature of this offense, it shall be considered a single offense, regardless of the number of days that have elapsed following the forty-five day time period.


    I can only assume that you admitted to the officer that you were given the vehicle more than 45 days prior to the stop, and since the transfer was not legally reported and/or officially completed, you were cited accordingly and it may not be as easy as you'd like to think to get this matter behind you.

    Keep in mind that there are 2 types of penalties that would apply here (pursuant to RCW 46.12.101).
    One, is an administrative penalty that you would have to pay in addition to the transfer fees...
    The other is the criminal charge (misdemeanor) and associated penalty that you are facing due to the fact that you were failed to report the transfer in a timely manner.

    While I do see some exceptions that may allow you to circumvent the administrative penalty associated with failing to report the transfer, that by no means would suggest that these exceptions would apply to the criminal penalty associated with the citation:
    RCW 46.12.101 (6) If the purchaser or transferee fails or neglects to make application to transfer the certificate of ownership and license registration within fifteen days after the date of delivery of the vehicle, he or she shall on making application for transfer be assessed a twenty-five dollar penalty on the sixteenth day and two dollars additional for each day thereafter, but not to exceed one hundred dollars. The director may by rule establish conditions under which the penalty will not be assessed when an application for transfer is delayed for reasons beyond the control of the purchaser. Conditions for not assessing the penalty may be established for but not limited to delays caused by:

    (a) The department requesting additional supporting documents;
    (b) Extended hospitalization or illness of the purchaser;
    (c) Failure of a legal owner to release his or her interest;
    (d) Failure, negligence, or nonperformance of the department, auditor, or subagent;
    (e) The transferee had no knowledge of the filing of the vehicle report of sale and signs an affidavit to the fact.


    Point is, regardless of what you do with regards to the transfer now, it may or may not affect the validity of the criminal charge of failing to report the transfer within the required period prescribed by law.

    You may want to consult with an attorney or two to see what options you might have.

    1. Sponsored Links
       

Similar Threads

  1. Expired Tabs in Washington
    By washdriver in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 09-03-2010, 09:57 AM
  2. Expired Tabs Ticket in Washington
    By Nopinkertons in forum Vehicle Registration and Title
    Replies: 3
    Last Post: 02-03-2010, 09:07 AM
  3. Failure to Transfer Title and Expired Tabs
    By falias in forum Vehicle Registration and Title
    Replies: 2
    Last Post: 06-17-2009, 11:30 AM
  4. Ticketed for Expired Tabs
    By alexk in forum Vehicle Registration and Title
    Replies: 1
    Last Post: 11-20-2008, 10:11 PM
  5. Expired Tabs
    By Dowdy5140 in forum Vehicle Registration and Title
    Replies: 1
    Last Post: 04-01-2008, 02:22 PM
 
 
Sponsored Links

Legal Help, Information and Resources