Expired registration sticker

[troyfus]

What is the name of your state? TX

I registered my car back in December, but failed to switch the new sticker with the old one. A lot was going on at the time and the new stickers were forgotten about. A few days ago, my wife was given a citation for the expired registration even though she explained that we had renewed it and that the sticker was at home. She was told that if we showed proof of the renewed registration within ten days then all we would have to pay is a small admistrative fee. The court clerk, however, says that since we were already registered then we could not comply with the "within ten days" requirement to have it waived. She told us that we failed to display our new registration ticket and that it was the same fine as an expired registration. I found the law regarding expired registration and the fees it involves, but could not find the law regarding the time frame required to display new stickers. Could someone please help me? We currently have a court date to see the judge on February 9th. Would it be better to just pay the fine or try to get the judge to waive the offense?

Originally Posted by troyfus

What is the name of your state? TX

I registered my car back in December, but failed to switch the new sticker with the old one. A lot was going on at the time and the new stickers were forgotten about. A few days ago, my wife was given a citation for the expired registration even though she explained that we had renewed it and that the sticker was at home. She was told that if we showed proof of the renewed registration within ten days then all we would have to pay is a small admistrative fee. The court clerk, however, says that since we were already registered then we could not comply with the "within ten days" requirement to have it waived. She told us that we failed to display our new registration ticket and that it was the same fine as an expired registration. I found the law regarding expired registration and the fees it involves, but could not find the law regarding the time frame required to display new stickers. Could someone please help me? We currently have a court date to see the judge on February 9th. Would it be better to just pay the fine or try to get the judge to waive the offense?

From what I can understand of your post, you are saying that you are guilty of what you are charged with.

Is there a reason you shouldn't be found guilty?

[troyfus]

That's the point. I can't find a separate law in the Texas statutes that I am guilty of. My registration was not expired at the time my wife was given a citation, just the sticker. I found 502.407 which deals with an expired registration, but could not find one dealing with an expired sticker. My registration had been renewed prior to the expiration date and I presented the receipt to the county clerk to prove it. Is there a seperate law that deals with expired stickers even though the registration is within compliance? On the back of the ticket there is a circled provision (by the officer) which states, "The violation may be dismissed, if the vehicle was registered within ten (10) working days from the date of the citation, sufficient proof is submitted to the court, the penalty fee was paid to the tax assessor office and the $10.00 dismissal fee is paid." My vehicle was registered, I showed proof, and I was willing to pay the dismissal fee. I can't pay a penalty fee to reregister my vehicle is why the clerk refused to let me pay the dismissal fee. Is there a separate statute regarding expired stickers? If not, then can my wife claim to be not guilty of having an expired registration since it wasn't?

If you do not have a current sticker on your car, then you are guilty of having an expired registration.

Section 502.407, T.C., provides that a person commits an offense if, after the fifth working day after the date the registration expires, the person operates on a public highway during a registration period a motor vehicle, trailer, or semi-trailer that has attached to it a license plate for the preceding period; and has not been validated by the attachment of a registration insignia for the registration period in effect.

[url]http://64.233.167.104/search?q=cache:V8SnB0R_SeAJ:www.capitol.state.tx.us/statutes/docs/TN/content/word/tn.007.00.000502.00.doc+texas+transportation+code+502.407&hl=en&lr=lang_en[/url]

[troyfus]

So, because we tried to obey the law and paid the registration fees on time only to miss applying the sticker, we are penalized by not being able to have the citation dismissed even after showing proof?
However, someone could purposefully choose to not register unless they get caught, pay the registration with a small penalty fee and the dismissal fee, and they get off?
I fail to see why our situation fails to qualify for the dismissal. Within ten days (3 working days to be exact), we showed proof (the registration receipt) to the court clerk that we paid the registration fees. The 502.407 link you gave provides me with no answer as to why we could not have simply paid the dismissal fee. Could it be that the court is simply trying to make it difficult to get the citation waived in hopes that they could collect the $137 fine rather than the $10 fee?

[Indiana Filer]

Originally Posted by troyfus

I fail to see why our situation fails to qualify for the dismissal. Within ten days (3 working days to be exact), we showed proof (the registration receipt) to the court clerk that we paid the registration fees. The 502.407 link you gave provides me with no answer as to why we could not have simply paid the dismissal fee. Could it be that the court is simply trying to make it difficult to get the citation waived in hopes that they could collect the $137 fine rather than the $10 fee?

I would go on the appointed day and take the receipt and paperwork from when you originally renewed the registration. There's a chance they might look at the paperwork and accept it and only charge you the small administrative fee.

Also, you might try going to the court clerk's office when a different clerk is there and see if that person would accept the paperwork. (Make sure the original clerk isn't there if you try this!)

[sungod916]

Hey CdwJava,

I have my registration in CA all up to date, but I chose not to put the sticker on because jerks in my complex will steal it.
I have been stopped before by the CHP and they asked to see my registration, I showed it to them with the new sticker and they let me go.

In the future, if they want to, could they cite me for anything? Even though its registration is up to date and I carry the sticker?

"...I have my registration in CA all up to date, but I chose not to put the sticker on because jerks in my complex will steal it...."

This is a common problem.

Before you put the sticker on, make an X with a very sharp knife over the whole of the sticker.

It won't stop people from trying to steal it, but it will make it unusable for anyone but you.