CVC4000(a)(1) Expired Registration

[AgentSmithers]

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

A few days ago I received this violation for having my car parked outside my wife's work. I am use to having to sign a slip by a peace officer and having them mark it as correctable per 40303.5.
But this violation was issues by a City Code Compliance Officer? I had no interaction with him at all. They just mailed this slip to me?
So does that mean this is not correctable considering I never got arrested/detained? I was also not the one who was driving the car she was. I'm use to the citation being written to the person driving the car instead of the person who owns it. I just wanted to see what everyone thinks the best option is to go about this?
Thanks!

4000.
(a) (1) No person shall drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle which displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees.
Assuming this is your first violation (or even your second) for this same offense and assuming that none of the disqualifying conditions listed in CVC Section 40610 exist (evidence of persistent negligence, if the violation presents an immediate danger or if the driver refuses to make the correction), I can tell you “yes, that is correctable”.

Considering the fact that I cannot stand it when an officer intentionally assumes a legislative stance as opposed to the enforcement stance that he is granted, I will tell you the whole story.

Based upon what is in CVC section 40303.5, a violation of CVC Section 4000(a).1 is in fact "correctable"…
40303.5.
Whenever any person is arrested for any of the following offenses, the arresting officer shall permit the arrested person to execute a notice containing a promise to correct the violation in accordance with the provisions of Section 40610 unless the arresting officer finds that any of the disqualifying conditions specified in subdivision (b) of Section 40610 exist:
(a) Any registration infraction set forth in Division 3 (commencing with Section 4000).
So how should the officer mark the citation?
According to CVC section 40522, the officer SHALL mark the violation as being “CORRECTABLE”.
40522. Whenever a person is arrested for violations specified in Section 40303.5 and none of the disqualifying conditions set forth in subdivision (b) of Section 40610 exist, and the officer issues a notice to appear, the notice shall specify the offense charged and note in a form approved by the Judicial Council that the charge shall be dismissed on proof of correction. If the arrested person presents, by mail or in person, proof of correction, as prescribed in Section 40616, on or before the date on which the person promised to appear, the court shall dismiss the violation or violations charged pursuant to Section 40303.5.
And what does “SHALL” mean?

According to CVC section 15:
15. "Shall" is mandatory and "may" is permissive.
So it’s not if the officer wants to or feels like it. Shall means HE HAS TO.

 

[Zigner]

You weren't arrested.

 

[justalayman]

I'm thinking this applies:

disqualifying conditions listed in CVC Section 40610 exist (evidence of persistent negligence

due to this statement:

I am use to having to sign a slip by a peace officer and having them mark it as correctable per 40303.5

If you are used to taking that action, it suggest there is a persistent negligence on your part.

 

[AgentSmithers]

So, if I were to be moving during the time It would be a correctable violation?
But If I'm parked its not a criminal its a civil charge. Right?

 

[sandyclaus]

How about this...

Why not just pay the registration and get this whole thing fixed? Solves your problem with always getting these pesky "Expired Registration" citations and having to figure out whether or not you can attempt to get it dismissed again if you correct it.

Considering the fact that you KEEP getting these citations, sounds to me like you never intended to renew the registration in the first place.

 

[AgentSmithers]

How about this...

Why not just pay the registration and get this whole thing fixed? Solves your problem with always getting these pesky "Expired Registration" citations and having to figure out whether or not you can attempt to get it dismissed again if you correct it.

Considering the fact that you KEEP getting these citations, sounds to me like you never intended to renew the registration in the first place.

You guys always remind me of the Woulda Shoulda Coulda superheros

 

[CdwJava]

It is a parking citation, and, as such, it is effectively a civil matter not a criminal one.

You can correct the registration and schedule a hearing with the hearing officer or panel and hope they dismiss the parking cite, but it is not required to be correctable. I am the hearing officer for my agency and if I saw that you renewed the registration then I would dismiss the cite. But, that's me.

 

[Zigner]

You guys always remind me of the Woulda Shoulda Coulda superheros

Not a Woulda Coulda Shoulda at all. It's excellent advice on how to avoid this problem in the future.

 

[sandyclaus]

Not a Woulda Coulda Shoulda at all. It's excellent advice on how to avoid this problem in the future.

Until the next time, anyway...

Eventually, they'll just tow the car and impound it. Then they won't be able to get it back until they can show that they've paid the registration fees. Of course, by that time, it's likely that there would ALSO be a ton of fees associated with the tow and impound which must ALSO be paid before the car gets returned as well.

 

[CdwJava]

If the vehicle is expired for more than 6 months, it can be impounded and held until the registration is paid and the vehicle retrieved. If not retrieved in 30 days, the vehicle can be sold at auction and any difference between what is paid at auction and what is owed for the impound and storage will be sought from the registered owner through the civil process and collections.