Epired Registration

[itsme71282]

What is the name of your state (only U.S. law)? New York
If my vehicle registration expires on a Friday (11:59 PM) Is this covered under 401 paragraph 5 that states if the expiration date falls on a Sat. your vehicle is valid untill the following Monday? Since technically the first day of expiration is a Sat. Is this fightable? I received a Expired Reg. ticket on a Sunday.

 

[You Are Guilty]

I don't think it'll fly. Friday <> Saturday

5. Times for registration, reregistration and renewal; proportionate
fees. a. Registrations, reregistrations and renewals shall take effect
and expire on dates determined by the commissioner. However, where the
expiration date of the registration of any vehicle, except a taxi or an
omnibus, [highlight]falls on a Saturday, Sunday or state holiday[/highlight], such registration
shall be valid for the operation of such vehicle until midnight of the
next day on which state offices shall be open for business. Provided,
however, that renewal of a registration may be used preceding the
expiration date of such registration including such expiration date.

Also, note that last sentence. Why didn't you re-register before Friday night?

 

[OHRoadwarrior]

Gee, you only missed it by 1 minute. Too bad.

 

[itsme71282]

Is the last sentence stating that I need a valid reason for not registering before hand? I am actually trying to disprove probable cause. The probable cause being the expired registration. Thanks for the input.

 

[Zigner]

Your registration expired on FRIDAY, not Saturday.

 

[You Are Guilty]

Is the last sentence stating that I need a valid reason for not registering before hand? I am actually trying to disprove probable cause. The probable cause being the expired registration. Thanks for the input.

That's a big disconnect - the last sentence says you can use your new registration before the old one expires. Which sentence are you referring to?

And what on earth does "disprove probable cause" mean with respect to the expired registration? It's a parking ticket, not a moving violation. See #70:
http://www.nyc.gov/html/dof/html/parking/park_tickets_violations.shtml#61

Your best hope is they filled out the ticket wrong. For expired reg, the most common mistake is not putting the month, day and year of the expiration date - the day is sometimes missing. (If it is, the ticket should be automatically dismissed if you contest it.) If there are no other fatal errors, might as well just pony up the $65 - I'm not sure these are eligible for settlements.

 

[itsme71282]

Sorry I guess I should clarify, I received a DWI during the traffic stop for an expired registration. The reason I was pulled over was that the officer ran my plate at random and found that my registration was expired. So the reason I was asking about my registration is because if I could argue that my registration was in fact valid untill the following Monday, (first day of expiration being Saturday) then the officer didn't have probable cause or reasonable suspicion to pull me over, and any charge from that would be dismissed.

 

[OHRoadwarrior]

ROFL

He would still have probable cause either way. It was after all expired, when the plate was looked at.

 

[asiny]

Sorry I guess I should clarify, I received a DWI during the traffic stop for an expired registration. The reason I was pulled over was that the officer ran my plate at random and found that my registration was expired. So the reason I was asking about my registration is because if I could argue that my registration was in fact valid untill the following Monday, (first day of expiration being Saturday) then the officer didn't have probable cause or reasonable suspicion to pull me over, and any charge from that would be dismissed.

Get yourself a DWI attorney immediately - and stop trying to skirt around if the officer had probable cause... because, as you have discovered, they did.

 

[HighwayMan]

Sorry I guess I should clarify, I received a DWI during the traffic stop for an expired registration. The reason I was pulled over was that the officer ran my plate at random and found that my registration was expired. So the reason I was asking about my registration is because if I could argue that my registration was in fact valid untill the following Monday, (first day of expiration being Saturday) then the officer didn't have probable cause or reasonable suspicion to pull me over, and any charge from that would be dismissed.

First of all, you expired on a Friday so this is NOT covered by VTL 401 (5).

Secondly, when I run a registration I really don't look at the expiration date - just the fact that the status comes back as EXPIRED. I look at the date later on. That's reasonable, plus we don't always have a calendar handy to check on what day of the week the expiration took place.

Thirdly, in case the thought crossed your mind, running plates at random is perfectly legal. There is case law on this - registrations are public information. Did he actually run it manually or did a plate reader get you?

So basically I don't see any way that you can challenge the stop based on the registration issue.

 

[itsme71282]

Ok, first like the site says I was just asking advice. I will be getting an attorney. This was just a question I will not be pleading my own case in court, just curios. The thought did not cross my mind; I do understand he had every right to run my plate. And lastly thanks for anyone that stuck to just the question I was asking. "Was my registration valid until Monday?" No it was not. Question answered. Thank you