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  1. #1
    Join Date
    May 2019
    Posts
    1

    Default Failure to Transfer Title, Criminal Charge

    My question involves criminal law for the state of:
    Hello my name is metas I recently received a mail from “Westport Municipal court”
    It is saying “the following offenses” > failure to transfer title within 45 days
    here’s a story so I bough a car “AS IS” so the car didn’t last me long after 2 days of driving so i post up the car for sale but didn’t transfer the title under my name but the dude that I bought the car from he release it under my name so 2 months later I sold the car to some dude and he got pull over and the officer gave him the warning but then couple days later I receive the ticket “Failure to transfer title within 45 days” and now I’m stuck with this and I don’t know what to do already went to the court date but the judge didn’t let me talk or explain he just give me a another court date saying I plea not guilty ????? And also told me I need a attorney so now I’m trynna find a attorney but is there anything else I can do ?? The dude that I sold the car to he already register the car I now longer don’t have the title and yes he said the charge will be 90 days in jail and a $1,000 fine. HELP PLEASE!!

  2. #2
    Join Date
    Mar 2013
    Posts
    17,041

    Default Re: Failure to Transfer Title, Criminal Charge

    Educated guess: Washington. Westport Municipal Court comes up in a search many times in Washington State and there is a criminal statute.

    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.

    There are apparently some defenses:

    (8) Penalty for late transfer - exceptions. The penalty is not charged if the delay in application is due to at least one of the following:
    (a) The department requests additional supporting documents;
    (b) The department, county auditor or other agent, or subagent fails to perform or is neglectful;
    (c) The owner is prevented from applying due to an illness or extended hospitalization;
    (d) The legal owner fails or neglects to release interest;
    (e) The owner did not know of the filing of a report of sale by the previous owner and signs an affidavit to the fact; or
    (f) The department finds other conditions exist that adequately explain the delay.
    I suggest taking the judge's advice and at least consulting an attorney to review your options.

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