Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Oct 2012
    Posts
    2

    Default How to Contest Driving Without Current Registration Sticker

    My question involves traffic court in the State of: CA

    I got pulled over for driving without current registration in car and without the current sticker on my license plate. Registration was paid on time. The car is registered to me, but mainly used by my parents. I had given them the sticker to put on their car, but they forgot and it was found in a drawer. Of course, the one day I took the car out for a weekend drive, I got busted.

    I've done my research and both could be correctable except under these conditions:

    (b) Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the following:

    (1) Evidence of fraud or persistent neglect.

    (2) The violation presents an immediate safety hazard.

    (3) The violator does not agree to, or cannot, promptly correct the violation.

    As my title says, the officer decided that 5204(current sticker not displayed) is correctable, but 4454(red card not in vehicle) is not correctable.

    Considering that both violations are due the the same mistake(not putting the registration card and sticker on the car), I don't see how he can claim one is due to persistent negligence and one isn't. I'm debating contesting this $232 ticket but want to know two things.

    One, what are my chances of getting a judge to agree with me and make both violations into fix it tickets.

    Two, how much time will I have to waste to try to save $200 bucks. Is there any way for me to contest this via mail? I don't see any options on the bill they sent me to do some sort of trial by declaration that is offered for traffic violations.

    If my chances of winning are high and time spent less than an hour, I will probably contest. Otherwise, I'll probably end up just paying(which is probably what the officer is counting on and why he made one uncorrectable). Thanks

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: How to Contest Driving Without Current Registration Sticker

    Quote Quoting poncekim
    View Post
    Registration was paid on time.
    How long before you got pulled over was the registration paid?

    Without knowing the answer to that and since you clearly looked up 40610 (as proven by your including ^^the conditions^^ from 40610(b)), 4454 happens to be the ONLY correctable violation which clearly gives the officer the option to either cite it as a correctable violation or in cases where it was not in the vehicle while the vehicle was being used (i.e. cases of neglect where you as the operator failed to ensure that the registration was in the vehicle), that he could cite it under VC 40522 if he so chooses.

    However, subsection 40610(c) clearly states:

    40610(c) If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.


    So clearly, he is not obligated to make it correctable, he can in fact make it as non correctable and no one here can guess as to why he did so.

    In other words, he can write it as correctable pursuant to CVC 40610, he can write it as correctable pursuant to 40522, or if one of the conditions under 40610(b) exists (the neglect part does) and he could not qualify it under 40522, he may choose other enforcement actions including writing it as non-correctable!

    So if a judge is fully aware of these provisions and he believes in this same interpretation, he clearly will not dismiss the 4454 upon your showing proof that you corrected it.

    What I would do for starters is not to do anything by mail. This case require that you submit proof of correction -at least for the stickers part- by the date shown on the notice to appear. If that happens to get to the court late, or if it is received on time but isn't processed until a later date, then it becomes a full-fledged violation which would then require you to pay the full fine for BOTH, not just one.

    And so what I would do is to put the stickers on the plate, (and make sure a copy of the registration card is in the vehicle), take the vehicle to the nearest CHP station (CHP will not charge to issue a certificate of correction whereas the Sheriff or PD will), and request that they sign it off for you. See if they'll do both the 5204 and the 4454, if not, then just do the 5204.

    Then you take the correction certificate (if they printed one for you) or the actual citation (if they signed the back), and go to the traffic clerk window at the court shown on the notice. If they signed off both, then see if the clerk will accept it. Pay your $50 and be on your way. If they didn't sign both or if the clerk will not accept both then you have a choice of (a) pay $25 correction for the 5204 and the $232 for the 4454, or (b) request a court appearance to see the judge.

    Choice (b) does not guarantee that the judge will allow the correction at the arraignment, if he does, then you can pay your $50 and be on your way, and if he doesn't, then you have three choices; either (A) pay $25 correction for the 5204 and the $232 for the 4454, or (B) post bail (for $25 + $ 232) and go to a court trial to have the officer tell the court why he opted to cite it as non correctable, or (C) Post bail (for $25 + $ 232) and opt for a Trial By Declaration. Come the date of your trial, or the time for a judge to decide your trial by declaration, if the officer provides a legit reason why he cited it that way, you lose and the court keeps the full $25 + $232... If he doesn't then you win, and the court will keep $25 + $25 and refund the rest (which will amount to a refund of $207).

  3. #3
    Join Date
    Oct 2012
    Posts
    2

    Default Re: How to Contest Driving Without Current Registration Sticker

    Thank you for your thorough response. Exactly what I was looking for.

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: How to Contest Driving Without Current Registration Sticker

    You're welcome. If you can take a minute when all is said and done to update how things transpired, that may benefit someone in the future!

    1. Sponsored Links
       

Similar Threads

  1. Cited Twice for Registration Sticker
    By kblady in forum Vehicle Registration and Title
    Replies: 4
    Last Post: 04-25-2011, 07:28 AM
  2. Parking Violations: Ticketed for Expired Registration, However, I Do Have a Current Registration
    By phil86 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 09-23-2010, 08:41 AM
  3. Parking Violations: Ticket for Expired Registration: Registration Sticker Not Yet Received
    By LibDem59 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 04-12-2010, 10:32 AM
  4. Falsified Registration Sticker in California
    By socalkid22 in forum Vehicle Registration and Title
    Replies: 4
    Last Post: 05-06-2009, 04:14 PM
  5. Improper Display of Registration Sticker
    By chong17 in forum Vehicle Registration and Title
    Replies: 1
    Last Post: 09-08-2008, 05:23 AM
 
 
Sponsored Links

Legal Help, Information and Resources