Extortion? CVC 4000(a)

[wyleeguy]

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

So I parked my car with Valid Minnesota plates and registration at Oakland airport daily parking.

I have been cited for 4000(A) I just moved here and have not registered my vehicle yet. I am going through a divorce and my wife who is on the title refuses to sign the California registration document. So I can't register the car here, and I can't show valid California insurance until I can insure the car here with California registration so I haven't registered for a California license either. So...

There is no way the officer can prove the vehicle has been in the state over 20 days, (because it hasn't) so this ticket smacks of extortion of out of state visitors. How can I get this corrected? My wife won't sign the registration even if I wanted to. From what I read online I am supposed to go to the Oakland PD and prove the car is registered in California. I am honestly a consultant and I travel a lot in my car, this is the first time this has happened to me.

How can an out of state consultant get this ticket cleared up without registering their vehicle in California? I am on a project here until July... I am already planning on trying to park some place else. But I am gone for a week at a time. How can I prevent California/Oakland from repeatedly extorting money from me?

 

[FlyingRon]

Dude, lose the attitude. First off it's not extortion. You throw out legal terms that have no bearing on the situation in court an you're going to try the patience of the judge in a hurry.

First off your divorce difficulties have mean squat to the state. You're expected not to operate or park in public lots cars that are required to be registered in California if they are not registered.

You're not an out of state visitor. The officer doesn't need proof at the time he writes the ticket. You're wrong in thinking that you have 20 days either. The 20 days is the grace period the DMV gives you on registering without paying late fees. You're not allowed even ONE DAY of operating the vehicle in California if you actually reside there.

The way you get this resolved is to kick whatever butt you have to do with your ex and get the car registered before your court date (extend it if you must) and hope that the judge will allow this to be a correctable violation.

Despite your hysterics you are not INNOCENT here.

 

[wyleeguy]

Thank you for the fast response.

I thought I had at least 20 days, my mistake.

So am I supposed to hold multiple registrations or re-register the car every time I change states I get contract work in then?

 

[FlyingRon]

No, only in the states you RESIDE. You can invent all kinds of excuses, but if you moved to California, you must do all the things that California requires you to do (register cars, get a drivers license, etc...). If you are truly a visitor, I'd make that case in court (and bring some sort of proof).

 

[wyleeguy]

Fair enough, thanks!

I can bring pay stubs, power bills etc.

 

[justalayman]

Fair enough, thanks!

I can bring pay stubs, power bills etc.

so you intend on lying to the court?

I have been cited for 4000(A) I just moved here and have not registered my vehicle yet.

If you moved to California, you moved there. Showing bills from your prior residence doesn't change that.

so, did you move to California and haven;'t registered your car yet or not?


where do you stay while in California? Have you rented a home or apartment?

 

[TigerD]

Reason No. 1,567,345,456,875,934,730,123,433,888,342,611,452,967,332,166,234,001,823 to not live in the People's Republic of California.

DC

 

[wyleeguy]

As stated I am a traveling consultant going through a divorce. All of my bills, taxes and legal address is in MN. Companies put me up in hotels/apartments around the country for weeks or more. Sometimes I bring my own car, sometimes I use a rental. That is why this ticket concerns me. I want to leave MN, but until the divorce is final I don't see that being possible (so I have been taking jobs around the country to give myself a place to stay in the mean time). I have been living out of a suitcase for about 6 months now. This is a very frustrating situation, because even if I find the time to deal with this ticket, I am probably going to get them again as I travel.

 

[justalayman]

so, why did you say you moved to California and apparently you intended on registering your vehicle in California hence the:

have not registered my vehicle yet

that suggests that you do acknowledge you have established residency in California and were aware that you were required to register your car in California.



you are standing on top of the fence here and it's going to end up hurting you whether you fall to one side or with a leg on either side of the fence. If you are truly a transient, they you do not have to register your car but, the question then is; what does California consider a transient rather than a person that has established residency in the state.


here is as close to a definition as you will get:

Resident

516. "Resident" means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Presence in the state for six months or more in any 12-month period gives rise to a rebuttable presumption of residency.

The following are evidence of residency for purposes of vehicle registration:

(a) Address where registered to vote.

(b) Location of employment or place of business.

(c) Payment of resident tuition at a public institution of higher education.

(d) Attendance of dependents at a primary or secondary school.

(e) Filing a homeowner's property tax exemption.

(f) Renting or leasing a home for use as a residence.

(g) Declaration of residency to obtain a license or any other privilege or benefit not ordinarily extended to a nonresident.

(h) Possession of a California driver's license.

(i) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.

 

[wyleeguy]

I would like to establish residency in California. But I haven't found a full time position, in part because of my divorce. Once the Divorce is final, assuming I land a full time position here that doesn't require full time travel Cailfornia is where I want to establish residency. I am going to call the court on Monday and discuss what my options are with them.

 

[CdwJava]

Reason No. 1,567,345,456,875,934,730,123,433,888,342,611,452,967,332,166,234,001,823 to not live in the People's Republic of California.

DC

Since all 50 states require residents to register their vehicles and obtain driver's licenses if they intend to operate a motor vehicle, this is hardly unique to CA.

 

[davew128]

Since all 50 states require residents to register their vehicles and obtain driver's licenses if they intend to operate a motor vehicle, this is hardly unique to CA.

No, but CA's 20 day grace period for waiving late fees is rather laughable. Try and get an appointment for a DMV vehicle inspection to register an out of state car in 20 days. Just try. For grins and giggles, try and do it WITHOUT an appointment.

 

[CdwJava]

No, but CA's 20 day grace period for waiving late fees is rather laughable. Try and get an appointment for a DMV vehicle inspection to register an out of state car in 20 days. Just try. For grins and giggles, try and do it WITHOUT an appointment.

The RIP (Registration in Progress) and payment of fees can be done well beforehand and can give a grace period of up to 60 days. No appointment - just walk-in, submit the paperwork and make the appointment.

 

[wyleeguy]

Spoke with Oakland Parking, they said a note from my company explaining I am here for a job will suffice to have them excuse the fine, but I do need to pay it and then ask for a refund to prevent it from escalating with penalties. However, they will continue to ticket me.

I spoke with the DMV, they suggested since this is a long term project ask my company to pay for dual registration. However, they agreed since I am getting divorced this is not possible without my ex-wife's consent. My divorce lawyer is going to try to use the Citation to ask the court to compel my ex to sign the California dual registration.

In short both suggested I pay the fine, and if my note from my employer looks good they will refund the fine minus administrative costs (up to $25 they weren't sure on the phone). However, I will have to repeat the process every time I am ticketed.

I am going to wait to hear back from my divorce lawyer, getting duel registration sounds like a good idea to me, changing plates when I cross state lines will be a minor annoyance vs. having to fight tickets and pay fees.

 

[justalayman]

buy your own car, in your name only, so your wife's signature isn't required.