CT unregistered car

[adenine]

What is the name of your state (only U.S. law)? Connecticut

I have a complaint ticket for "operating an unregistered vehicle" and I'm not sure what to do. Should I pay the fine, or should I plead not guilty?

The DMV says that the car is not insured (and therefore suspended the registration), but the insurance company says I've not had a lapse in coverage. I'm not sure what course of action to take, as I'm not sure what the problem is.

If I take care of the registration before the court date, will the case be dropped?

If I plead guilty, what will happen? Will I be able to speak to some form of counsel before appearing before a judge, or will I be sent directly to the judge?

If I plead guilty and I am found to be guilty, what will happen?What is the name of your state (only U.S. law)?

 

[davew128]

So why don't you contact the DMV and straighten out your registration?

 

[adenine]

They claim that I don't have insurance; the cop that pulled me over said the registration was suspended because I didn't have insurance.

The insurance company disagrees with the DMV, and says everything is OK; calling the DMV again.

 

[adenine]

Called the DMV, sorted out the registration.

Now what do I do? Should I still pay the fine or plead not guilty? Will they throw out the case since the registration is all set?

 

[xylene]

Called the DMV, sorted out the registration.

Now what do I do? Should I still pay the fine or plead not guilty? Will they throw out the case since the registration is all set?

Plead "NOT GUILTY"

You have nothing to lose by doing so.

You have good evidence that this was a mix up.

If you plead guilty, you don't get to present it.

You MAY likely be able negotiate a dismissal.

 

[adenine]

Cool, thank you for the response.

 

[davidmcbeth3]

You could ask for a proper complaint to be filled out, eliminate the ticket altogether, see 36-11 of CT practice book:

Sec. 36-11. Information and Complaint; Use
All felonies shall be prosecuted by information.
All misdemeanors, violations, and infractions shall
be prosecuted by information or complaint. In all
jury cases, and in all other cases on written
request of the defendant, the prosecuting authority
as of course shall issue an information in place
of the uniform summons and complaint.

Once requested, the case will likely be dropped

Must do it in writing & must not PLEAD until you get the information.

You can send the infraction bureau a copy of the request & let them know you will not be entering a plea until they comply with the court rule.

I never answer a uniform summons & complaint ... always ask for an information & I never get one ... license is clean as a whistle .. stick'in it to the man!

I imagine that if I ever do get an information, then I'll ask for a jury trial ... that will throw them into a tissy....future stick'in it to the man!

 

[adenine]

I'm not sure I understand; is there more information about this somewhere?

 

[davidmcbeth3]

I'm not sure I understand; is there more information about this somewhere?

Its a not often used request .. you can do this for speeding tickets, etc anything criminal ....

If the DA does not want to issue out an information, they'll just drop it. An information is more formal than the ticket & should be an actual complaint.

Failure to follow a CT Practice Rule (which are laws actually) can lead to dismissal of the case.

It is mandatory that they replace the ticket with an information. Once an information is in place, then the CT Constitution kicks in respect to your ability to ask for a jury trial (if you choose).

99.999% of tickets are not heard by a jury .. but it is possible to get a jury, if you request an information to replace the ticket. If you plead to the ticket, then the request for an information is moot as you already plead, meaning you fully understand the facts regarding the violation & agree to the ticket being a proper complaint.

Only states where these tickets are criminal in nature (that I could find) have this option & some have made special court rules to allow for certain formats of tickets to actually be considered as valid complaints (like CA).

Section 36-11 is a Connecticut Practice Rule, under the criminal procedures sections ... applicable in your case.

The law is the statues themselves and the practice rules .... if one conflicts with another the court sort this out.. 36-11 is still law in CT.

 

[adenine]

So I basically request a formal complaint on the grounds that I want more information, and if they never send it to me, then nothing happens?

And if they do send it to me, then what?

 

[davidmcbeth3]

So I basically request a formal complaint on the grounds that I want more information, and if they never send it to me, then nothing happens?

And if they do send it to me, then what?

Make it a request under the CT court rule, copy the ticket for reference, copy the bureau (inform them you are not entering a plea at this time).

Something like, I formally request an information to replace the uniform summons and complaint pursuant to Connecticut Practice Rule 36-11 which states ..... sign & date it...you can make it a simple letter or a more formal format. Must be in writing. Give them your phone number .. they may call and agree to drop it over the phone.

You do not have to show good cause but you can if you wish. Serve them via certified mail or in person & produce a certificate of service (simple affidavit that you served them just to cover this avenue of "I did not get it").

If you get an information, it just replaces the ticket and you file a response (you can ask for sections to be stricken, motion for dismissal, file an answer ).

If you don't get an information then nothing else occurs..it sits and collects dust.

 

[CdwJava]

Section 36-11 involves procedures for CRIMINAL matters. According to C.G.S. § 51-164n traffic matters are NOT crimes as defined in the penal code.

Likewise, jury trials do not appear to be available for traffic infractions.

I am not from CT, but it is dangerous to take one isolated court rule and try to apply it to all offenses. You can always make the request for complaint, but be careful that you do not miss any deadlines or court dates for your offense.

 

[adenine]

Yeah I just asked another source and they agreed that this was applicable to criminal cases, not misdemeanors.

 

[davew128]

Yeah I just asked another source and they agreed that this was applicable to criminal cases, not misdemeanors.

Misdemeanors ARE criminal cases.

 

[davidmcbeth3]

Section 36-11 involves procedures for CRIMINAL matters. According to C.G.S. § 51-164n traffic matters are NOT crimes as defined in the penal code.

Likewise, jury trials do not appear to be available for traffic infractions.

I am not from CT, but it is dangerous to take one isolated court rule and try to apply it to all offenses. You can always make the request for complaint, but be careful that you do not miss any deadlines or court dates for your offense.

Good post/point .... but

"Sec. 51-164n. Procedure upon summons for infraction or certain violations. ....

(g) In any trial for the alleged commission of an infraction, the practice, procedure, rules of evidence and burden of proof applicable in criminal proceedings shall apply.


And the 36-11 section specifically lists the uniform Summons & Complaint (tickets). So an information can be requested.

Once an information is obtained then a jury trial is allowed. All cases where the DA prosecutes on an information allows for a jury trial.

The court may try to brow-beat a requestor down but it is the law.

(I am assuming that the OP got a uniform summons & complaint)