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California (Non)Moving Violation 5200(a) - No Plates

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so_cal_driver

Junior Member
I recently bought a new car in California, and have no plates since I have not received the state issued plates yet. I was pulled over on the 101 in Hollywood by a CHP for not having any license plates. When I explained that the car was brand new he stated it was still illegal and issued a fix-it ticket. I have no problem paying the fine, but find it ridiculous to pay since my car is brand new. How am I supposed to expedite receiving plates?

Any advice for challenging this ticket? Also, what happens if I do not fix-it and argue the ticket in court on the specified date?

Thank you
 


racer72

Senior Member
I bought a new car in California in 1979. The dealer installed a paper temporary tag in the back window before I left the lot. Don't they still issue temporary tags?
 

justalayman

Senior Member
so_cal_driver said:
I recently bought a new car in California, and have no plates since I have not received the state issued plates yet. I was pulled over on the 101 in Hollywood by a CHP for not having any license plates. When I explained that the car was brand new he stated it was still illegal and issued a fix-it ticket. I have no problem paying the fine, but find it ridiculous to pay since my car is brand new. How am I supposed to expedite receiving plates?

Any advice for challenging this ticket? Also, what happens if I do not fix-it and argue the ticket in court on the specified date?

Thank you
If it was truly brand new, this would mean you bought it from a dealer. Why did they not issue a temp plate, or did they??? ;)
 

so_cal_driver

Junior Member
Plates

In California when you purchase a new car you typically have the dealership's placard in the rear and a sticker in the front corner of the window. The officer stated because the rear did not have a plate he could pull me over.
 

justalayman

Senior Member
"placard" like in the "so and so dealership" license plate sign.

And what "sticker"

Your telling us that California has no temporary plates?
 

so_cal_driver

Junior Member
California does not have the temporary plates that are the norm in many of the other states. The placard is the "so and so" dealership. The sticker is in the front winshield bottom corner. The sticker has the registration information, as there is no car specific or driver specific information on the placard (IE VIN number).
 

justalayman

Senior Member
From what I can find there is a temp permit per se. That would be the purchaser's temporary identification copy REG 397. It is to be displayed in the one of several windows preferred the lower left rear window. This would be provided by the dealer. It is basically your copy of the paperwork the dealer sends in to the DMV so you get your plates.

So where was your copy?
 

CdwJava

Senior Member
How recently was your vehicle purchased?

It could be that your vehicle has gone well beyond a comfortable period where the plates should have been issued.

Having no plates is good cause to pull you over. however, you can bring the temporary registration with you to court and explain the situation if you still haven't received your plates by that time. But I would advise you to contact the dealership and find out when they submitted your registration to the DMV ... and you might consider a call to the DMV as well.

I don't recall the time that these temporary registrations are good for, but I believe the dealership has 30 days to turn in paperwork for used cars, and 20 days to turn it in for new ones. This means that as a general rule we often give drivers about 60 days from the date of purchase to obtain valid registration (provided they have the proper evidence of purchase in the windshield and in the vehicle).

- Carl
 

justalayman

Senior Member
Glad to see you here Carl. Figures if anybody knew you would.

Am I correct in my post concerning the REG 397. If so why would the OP not been able to show to officer to recieve some accomodation. OP seems to be stating they recieved nothing as temp registration. Seemed very odd to me.
 

CdwJava

Senior Member
justalayman said:
Glad to see you here Carl. Figures if anybody knew you would.

Am I correct in my post concerning the REG 397. If so why would the OP not been able to show to officer to recieve some accomodation. OP seems to be stating they recieved nothing as temp registration. Seemed very odd to me.
I'm not sure if the temporary evidence of recent purchase is a REG 397, but your description seems more conistant with a temporary registration issued by the DMV (a pink form with a number corresponding to the month that the reg. is valid through). The purchase paperwork provided by the dealer is generally placed on the lower right hand corner of the front windshield. And the purchaser is usually told to keep the bill of sale and other temporary paperwork with the vehicle until the plates arrive.

It could be that the officer made a mistake. Since one of the elements of the offense is: "When two license plates are issued by the department for
use upon a vehicle" ... it stands to reason that if two plates have NOT yet been issued, that the crime has not been established.

Ergo, if the OP can get something from the DMV showing that her vehicle (by VIN number) has not yet been issued plates, the crime is not complete and must be dismissed.

- Carl
 

CdwJava

Senior Member
That appears to be the one ... but I'm hard pressed to recall EVER seeing one in the back window. That's probably because it cannot be readily accessed by the driver if they are stopped ... and a piece of folded white paper int he back window is not likely to prevent the vehicle from being stopped by a cop.

- Carl
 

justalayman

Senior Member
Not sure, I think we may have lost the OP.

To OP if you come back: where is your copy of reg397 that does have the vin along with a host of other info?
 

so_cal_driver

Junior Member
First off, thank you for all of your help and responses.

I have the REG 397 (has VIN), and gave that to the officer. The unfortunate part is the date of purchase was 90 days before the officer pulled me over, which may have contributed to the ticket. (I have since researched the California law which states you have 90 days to put plates on the car, or you must contact the DMV) The officer used his system to locate the plates number, which he wrote on the ticket. I suppose this means they had been issued, but I had not received the plates yet.

The slip in the rear corner window others may be referring to above is likely when you are purchasing a used car. The DMV issues you a temporary number that corresponds with the month you need to have the car registered by. I bought the car new from the dealership, so the temporary tags were in the front window like most new cars in my area.
 

justalayman

Senior Member
so_cal_driver said:
The slip in the rear corner window others may be referring to above is likely when you are purchasing a used car. The DMV issues you a temporary number that corresponds with the month you need to have the car registered by. I bought the car new from the dealership, so the temporary tags were in the front window like most new cars in my area.
My ignorance here as to actual practice in Cali. CDWjava works there and has stated the "temp reg" tends to not be put in the rear window. The rules that apply as to where it needs to be posted were very lenient and merely stated that was the first option. Actual practice seems to be contrary but allowed.

Now since that all seems to be ok, good, and fine, is there actually a penalty to a "fix-it" ticket. Here again back in my home state a fix-it ticket is just that. Fix- it OR have a fine imposed if you fail to do so.

I would contact the DMV ASAP and find out what is going on with them. Document as well as possible (names, dates, times,results) so if/when you go to court you can show attempsts to aquire plates and results. Sometimes the wheels turn slowly and hopefully the judge will be understanding.
 
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