Suspended Registration

[epalms5]

What is the name of your state (only U.S. law)? NY
I was unaware that my insurance lapsed (for 11 days in April 2011) while driving my car my son was involved involved in a minor accident (no injuries, both cars able to drive).At the time of the accident the car was insured,registered and inspected. My20year old son has a clean driving record, no previous legal issues and is a full time student. He was handcuffed and arrested after running the registration. The car was impounded. I was present at the time and my son was cooperative. The police were apologetic and said they had no option as it was the law. He was released on 50.00 bail within 10 minutes (small village police dept.) I went immediately to pay the DMV fine and the car was released to me the next day with a 350.00 charge. Is it a mandatory arrest or up to the discretion of the police officer?
Court date pending, should I get a lawyer?

 

[HighwayMan]

How could you have been unaware of your insurance lapse? There is no excuse for that. Owning a car is a major responsibility which involves keeping track of inspections, registration, and insurance.

Very few arrests are mandatory. It may be the policy of whatever department it was to arrest for all such crimes. It is certainly not something to dispute - it was a perfectly legal arrest. A violation of Vehicle and Traffic Law section 512 is a misdemeanor, i.e. a crime.

Most such cases can be easily handled yourself. Telling the judge you didn't know your insurance was expired will not sit well with any court though.

I would point out that the vehicle was insured on the incident date and that the failure to get the suspension lifted was purely an administrative error on your part. I would bring proof that the suspension was terminated and a letter from your insurance company (NOT a broker) stating in no uncertain terms that the vehicle insurance was valid on the incident date.

 

[HighwayMan]

This is the text of the statute your son is charged with:

§ 512. Operation while registration or privilege is suspended or
revoked. Any person who operates any motor vehicle upon a public
highway while the certificate of registration of such motor vehicle or privilege
of operation of such motor vehicle in this state or privilege of obtaining a
certificate of registration issued by the commissioner is
suspended or revoked shall be guilty of a misdemeanor, and upon
conviction shall be subject to a fine of not less than fifty dollars nor
more than one hundred dollars or by imprisonment for not exceeding
thirty days or by both such fine and imprisonment for conviction of a
first offense; by a fine of not less than one hundred dollars nor more
than two hundred dollars or by imprisonment for not exceeding ninety
days or by both such fine and imprisonment for a conviction of a second
offense committed within a period of eighteen months; by a fine of not
less than two hundred dollars nor more than five hundred dollars or by
imprisonment for not exceeding one hundred eighty days or by both such
fine and imprisonment for a conviction of a third or subsequent offense
committed within a period of eighteen months.


I wouldn't worry about the imprisonment part - that will never happen.