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  1. #1

    Default Failure to Transfer Title, Criminal Charge

    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.

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Failure to Transfer Title, Criminal Charge

    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.
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

  3. #3

    Default Re: Failure to Transfer Title, Criminal Charge

    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 ?

  4. #4
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Failure to Transfer Title, Criminal Charge

    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.
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

  5. #5

    Default Re: Failure to Transfer Title, Criminal Charge

    Quote Quoting techsource365
    View Post
    I did not transfer the title and have been driving for two years. .
    I would speculate that we are missing some Information that is crucial to an understanding of your Charges

    This Auto was Registered, Insured in your mothers name, and Current in all Legal aspects at the time of the Citation..?

  6. #6

    Default Re: Failure to Transfer Title, Criminal Charge

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

  7. #7
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Failure to Transfer Title, Criminal Charge

    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?

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Failure to Transfer Title, Criminal Charge

    There would be a difference between having a signed, title that transfer has not been completed on and mom gifting you the use of the car for school and work without liability on your part to maintain the asset in original condition. The second is not a crime.

  9. #9

    Default Re: Failure to Transfer Title, Criminal Charge

    Precisely my question ..

    If the vehicle is registered and insured to her Mother, there is no crime, other than perhaps her foolish declaration to a supposed " officer of the law "

  10. #10

    Default Re: Failure to Transfer Title, Criminal Charge

    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

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