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  1. #1
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    Default Re: Unfamiliar with California Law: Not Sure How to Plead in This Case

    Quote Quoting eug1077
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    My first question is - Is it legal to pull me over for not having an expiration sticker on my license plate when a car registered in NJ only has an inspection sticker on the windshield, not on the plate.
    If he was correct in the assumption that an expiration sticker was required, then, yes, the stop can be perfectly lawful. Apparently he knows something about NJ law ebcause I wouldn't know to even look for an expiration sticker.

    Is the plate currently registered even in NJ? If it is expired, he could have run the plate through his dispatcher and discovered it was expired.

    He kept asking me when I moved to California. I stated I moved last December from NJ, for a one year contract position as a DOD contractor and thought I did not have to change over my license/registration because of that.
    You would normally be exempt only if you are a civilian employee who operates government vehicles. Otherwise, if you are here and have established residency, these things must generally be changed over to CA. However, residency is a rebuttable presumption and if you have a definite limited term contract, are registered to vote and pay taxes in another state, you may be granted an exemption.

    Before this, he threateningly asked what's in my glove compartment because he saw a stack of papers in it when I reached for my insurance. He then reached into the car and grabbed the first paper which was a Jiffy Lube receipt with my SD address from last year, so he can prove I was a resident for that long. Again, is this a legal maneuver to grab something from my car without asking?
    It can be ... it depends on why he obtained it. You can certainly complain to his supervisor, or, if it is used as evidence you may ask the court to supopress that evidence.

    was cited with 4000(a)(VC) not a valid CA registration, and also 12951(a)(VC) not having a valid CA license, both correctable.
    Interesting. The 4000(a) I can see, but 12951(a) seems inappropriate as you had never been issued a CA driver's license, therefore you were not required to possess it. He should have cited you for CVC 12500(a). You should be able to get the 12951 violation dismissed if the officer does not amend it. And the 4000(a) violation may not be applicable if you can prove to the court that you are a resident of another state and here for only a limited period of time.

    I went into court to get the ticket processed, and I have to appear before the judge for arraignment this week. Do you think I have any case for pleading not guilty and doing a TBWD?
    Yes.

    Besides the officer's actions, I would also show evidence I am leaving. I doubt the judge will care though.
    Given the circumstances, that information might be entirely relevant to the court.

    If I do plead not guilty, can you speak with a DA right away to negotiate, or do you just wait for your future trial?
    In most counties the DA's office rarely - if ever - touches traffic cases.

    If I plead guilty without correcting the violations (which I will do) does anyone have an estimate of how much the fines will be for the two violations? I've read they could total to around 500 dollars. Anyone have any direction of where I should go with this matter? Thanks.
    If they are corrected, then the fees should be $50 for both (unless they have gone up when I wasn't looking). If not corrected and you plead or are found guilty, the total fines and fees would be about $466.

  2. #2
    Join Date
    Oct 2010
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    2

    Default Re: Failing to Register Car and Get In-State License After Moving for a Temporary Job

    I appreciate the response. Just to clarify, he didn't know much about NJ law. I told him that inspection stickers are on the windshield in NJ, and mine is on there and valid. He didn't even acknowledge that my plates were from NJ, basically just treated it as if they were from CA, and didn't have an expiration tag. Yes, the plate is currently registered in NJ and valid through May of 2011.

    I agree that the 12951(a) wasn't appropriate, and I thank you for catching that, because I did not read up on that law compared to 12500. It seems like 12500(a) is a stricter penalty (charged up to a misdemeanor?) I think based on what you said, I might as well plead not guilty. If you plead not guilty and do a TBWD, and are found guilty, can the original fines (ie: the 466 dollars increase). Basically, is it a risk by pleading not guilty and later found guilty as opposed to just pleading guilty to begin with? I'm literally leaving the state before December, and am thinking it might be cheaper to plead guilty and pay the $466 then to go through registering the vehicle, smog test..etc, and also getting a CA license, and have the car here for maybe 3 weeks tops.

    If I do plead guilty - will there be anything to prevent me from being charged with the same exact thing immediately after pleading guilty and paying the fine, if I am in fact pulled over again before I leave? Also, if you plead guilty at the arraignment in CA, can you ever appeal your decision?

  3. #3
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    Default Re: Failing to Register Car and Get In-State License After Moving for a Temporary Job

    Quote Quoting eug1077
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    I appreciate the response. Just to clarify, he didn't know much about NJ law. I told him that inspection stickers are on the windshield in NJ, and mine is on there and valid. He didn't even acknowledge that my plates were from NJ, basically just treated it as if they were from CA, and didn't have an expiration tag. Yes, the plate is currently registered in NJ and valid through May of 2011.
    There is an ample body of case law in CA that would allow for the stop to be tossed.

    I agree that the 12951(a) wasn't appropriate, and I thank you for catching that, because I did not read up on that law compared to 12500. It seems like 12500(a) is a stricter penalty (charged up to a misdemeanor?) I think based on what you said, I might as well plead not guilty.
    Yes, 12500 CAN be charged as a misdemeanor, though it is typically filed as a correctable infraction.

    If you plead not guilty and do a TBWD, and are found guilty, can the original fines (ie: the 466 dollars increase).
    There should be no penalty for taking it to trial.

    Basically, is it a risk by pleading not guilty and later found guilty as opposed to just pleading guilty to begin with? I'm literally leaving the state before December, and am thinking it might be cheaper to plead guilty and pay the $466 then to go through registering the vehicle, smog test..etc, and also getting a CA license, and have the car here for maybe 3 weeks tops.
    That's all your call. But, if you lose the TBWD you can certainly opt to pay the fines without making the corrections.

    If I do plead guilty - will there be anything to prevent me from being charged with the same exact thing immediately after pleading guilty and paying the fine, if I am in fact pulled over again before I leave? Also, if you plead guilty at the arraignment in CA, can you ever appeal your decision?
    It is hard to appeal to a guilty plea.

    And, yes, you can still be charged again if another officer should stop you and feel the same way as the first officer.

  4. #4
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    Default Re: Failing to Register Car and Get In-State License After Moving for a Temporary Job

    Quote Quoting eug1077
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    I appreciate the response. Just to clarify, he didn't know much about NJ law. I told him that inspection stickers are on the windshield in NJ, and mine is on there and valid. He didn't even acknowledge that my plates were from NJ, basically just treated it as if they were from CA, and didn't have an expiration tag. Yes, the plate is currently registered in NJ and valid through May of 2011.
    You have to admit though, that to expect every officer to be intimately familiar with the laws/rules and regulations of every one of the 50 states is a bit of a stretch. You also have to realize that most neighboring states (to California) require and utilize a sticker on the rear plate, and that inspection stickers stuck on the windshield is mostly an east coast standard.

    No, a NJ should not be treated any differently than any other driver from any other state, but with the "front windshield sticker" being an anomaly out west, I don't see anything unreasonable with regards to the stop.

    Officer saw your plate, did not see a sticker... Is it reasonable for him to pull you over to further investigate? Should any subsequent alleged violation discovered by the officer be deemed as invalid? I guess that's for the judge to decide!

    Quote Quoting eug1077
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    If you plead not guilty and do a TBWD, and are found guilty, can the original fines (ie: the 466 dollars increase). Basically, is it a risk by pleading not guilty and later found guilty as opposed to just pleading guilty to begin with?
    No! Your mere "not guilty plea" and your exercising the option to hold the state to the burden of proving their case will not result in any additional fines or court costs.

    Quote Quoting eug1077
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    ... am thinking it might be cheaper to plead guilty and pay the $466 then to go through registering the vehicle, smog test..etc, and also getting a CA license, and have the car here for maybe 3 weeks tops.
    No doubt... Add in the administrative correction fee of $25 (for each) and the fact that you would have to re-register your vehicle once you return to NJ...

    Still, I would try the TBD to see where the judge will take it; at least, you might get a dismissal on the 12951 violation as Carl has suggested. So you might get a part of that $466 refunded.

    Quote Quoting eug1077
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    If I do plead guilty - will there be anything to prevent me from being charged with the same exact thing immediately after pleading guilty and paying the fine, if I am in fact pulled over again before I leave?
    Nope... Unfortunately not. You'll have to take your chances on that one!

    Quote Quoting eug1077
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    Also, if you plead guilty at the arraignment in CA, can you ever appeal your decision?
    Once you enter a plea of guilty, your fine amount is due and payable and subsequently your case is closed. While you can request that your case be re-opened under specific and limited circumstances, simply "changing your mind" is not a valid reason to expect that to happen.

  5. #5
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    Default Re: Failing to Register Car and Get In-State License After Moving for a Temporary Job

    Quote Quoting That Guy
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    You have to admit though, that to expect every officer to be intimately familiar with the laws/rules and regulations of every one of the 50 states is a bit of a stretch. You also have to realize that most neighboring states (to California) require and utilize a sticker on the rear plate, and that inspection stickers stuck on the windshield is mostly an east coast the "no sticker on the plate" is mainly an east court occurrence.

    No, a NJ should not be treated any differently than any other driver, but with the "front windshield sticker" being an anomaly out west, I don't see anything unreasonable with regards to the stop.
    There is an ample body of case law that would seem to indicate that if the officer is not aware of that state's laws, he should not make the stop for no stickers. Now, if he had a reasonable belief the plate was expired, then the stop might be good.

  6. #6
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    Default Re: Failing to Register Car and Get In-State License After Moving for a Temporary Job

    Quote Quoting cdwjava
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    There is an ample body of case law that would seem to indicate that if the officer is not aware of that state's laws, he should not make the stop for no stickers. Now, if he had a reasonable belief the plate was expired, then the stop might be good.
    I stand corrected...

    So the question is then, do you as a California LEO have access to NJ DMV records (via dispatch or otherwise)? And if that is the case, and even if the officer were to testify (in this case) that he had done so, the fact that the OP's vehicle registration was valid, would suggest that there was really no justifiable reason for the stop!

    Not sure why but this thread reminded me of this:

    http://www.chp.ca.gov/pdf/media/09-10.pdf

    (No disrespect intended towards the OP with the "Cheaters" reference).

  7. #7
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    Default Re: Failing to Register Car and Get In-State License After Moving for a Temporary Job

    Quote Quoting That Guy
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    So the question is then, do you as a California LEO have access to NJ DMV records (via dispatch or otherwise)?
    Yes. If the dispatcher or the officer has access to CLETS then he or she can access the NJ MVC via NCIC.

    And if that is the case, and even if the officer were to testify (in this case) that he had done so, the fact that the OP's vehicle registration was valid, would suggest that there was really no justifiable reason for the stop!
    Correct.

    As he apparently had inadequate knowledge of the sticker requirement, a stop for a perceived lack of an expiration sticker would be a stretch. That is not to say a local traffic court judge/commissioner might not let it pass, but I doubt the stop would pass a greater analysis. Good thing no major criminal oiffese was not discovered, or there would be a good argument for suppression.

    There are a great many people that pull this sort of thing - particularly near the northern border with Oregon and its cheap registration fees. These cheaters count on the officer buying their tale and letting it go. But, the residency presumption is rebuttable so the officer can still issue a cite with probable cause and the defendant can ask a judge to rule on it.

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