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I never received my renewed registration. what is a legal defense for this?

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HighOnPotenuse

Junior Member
What is the name of your state (only U.S. law)? New York

My registration expired on March 13th, 2015. I renewed my registration on March 8th, 2015. I was issued an 10 day temporary registration which expires March 18th, 2015 until the new one arrived in the mail. Between March 16th and March 24th i received a total of 5 tickets for expired registration even though i presented the temporary registration on my dash board. Although i patiently waited for the new registration to arrive in the mail, i couldn't keep receiving parking tickets for an invalid offense so i decided to go to the local DMV and request for a new registration sticker which they gave me.

I contested all 5 tickets. The 2 tickets i received prior to the expiration of the temporary stick were dropped but the 3 I received between March 19th to the 24th were sustained even after i provided confirmation that my registration was renewed and a copy of the new sticker i received from the local DMV. The reason the judge provided for sustaining the ticket was as follows. "While evidence is credible this is not a valid legal defense. It is not sufficient that the vehicle just be registered because NY Traffic Rules require that all NY plated vehicles must properly display a current registration. The evidence shows the expired sticker was still affixed to the windshield at the time the summons was issued and the 10 day temporary registration had expired..."

So what is a LEGAL defense for a situation like this? I am being penalized for something that was completely out of my control and paying fines in total of $200 for something that was not only out of my control but mad extra efforts to rectify. what was i suppose to do while waiting?

I filed for an appeal. and my appeal date is coming soon, please help me come up with a legal defense for this situation i do not want to lose, it's my last chance.
 


Zigner

Senior Member, Non-Attorney
You don't have a defense. It was entirely within your control to visit the DMV after your temporary permit expired (as evidenced by you actually doing so.)
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? New York

My registration expired on March 13th, 2015. I renewed my registration on March 8th, 2015. I was issued an 10 day temporary registration which expires March 18th, 2015 until the new one arrived in the mail. Between March 16th and March 24th i received a total of 5 tickets for expired registration even though i presented the temporary registration on my dash board. Although i patiently waited for the new registration to arrive in the mail, i couldn't keep receiving parking tickets for an invalid offense so i decided to go to the local DMV and request for a new registration sticker which they gave me.

I contested all 5 tickets. The 2 tickets i received prior to the expiration of the temporary stick were dropped but the 3 I received between March 19th to the 24th were sustained even after i provided confirmation that my registration was renewed and a copy of the new sticker i received from the local DMV. The reason the judge provided for sustaining the ticket was as follows. "While evidence is credible this is not a valid legal defense. It is not sufficient that the vehicle just be registered because NY Traffic Rules require that all NY plated vehicles must properly display a current registration. The evidence shows the expired sticker was still affixed to the windshield at the time the summons was issued and the 10 day temporary registration had expired..."

So what is a LEGAL defense for a situation like this? I am being penalized for something that was completely out of my control and paying fines in total of $200 for something that was not only out of my control but mad extra efforts to rectify. what was i suppose to do while waiting?

I filed for an appeal. and my appeal date is coming soon, please help me come up with a legal defense for this situation i do not want to lose, it's my last chance.
I agree with Zigner.

I disagree that you made "mad extra efforts to rectify" the problem, but give you one bonus point for making me chuckle.
 

HighOnPotenuse

Junior Member
So if you guys are telling me, if the DMV mails me something but i never receive it for whatever reason, it's my fault**************Also for the record the reason i didn't go sooner was because the DMV is closed on weekends, and i had to schedule time off from work. the 24th was the earliest i could go see them.
 

Zigner

Senior Member, Non-Attorney
So if you guys are telling me, if the DMV mails me something but i never receive it for whatever reason, it's my fault**************Also for the record the reason i didn't go sooner was because the DMV is closed on weekends, and i had to schedule time off from work. the 24th was the earliest i could go see them.
It's not your fault that you never received it. It IS your fault that you decided to park your vehicle on the street without current registration.
 

LdiJ

Senior Member
So if you guys are telling me, if the DMV mails me something but i never receive it for whatever reason, it's my fault**************Also for the record the reason i didn't go sooner was because the DMV is closed on weekends, and i had to schedule time off from work. the 24th was the earliest i could go see them.
I might very well have done the same thing you did, if for no other reason than to give the mail a little extra time to arrive. However, after the very first ticket I would have made it my priority to get there that very day, or at least the next business day.
 

HighOnPotenuse

Junior Member
It's not your fault that you never received it. It IS your fault that you decided to park your vehicle on the street without current registration.
I live in an apartment building without a garage in Queens NY, i don't have much of a choice whether i want to park my car in the street or not. Second i use mass transit and do not drive or see my car everyday. For example on the 24th when i was moving my car for the street cleaners there were already 3 tickets on my car accumulated from several days.

Regardless, whether you think i'm right or wrong, i'm still looking for viable defenses because i do have an appeal still pending.
 

Zigner

Senior Member, Non-Attorney
I live in an apartment building without a garage in Queens NY, i don't have much of a choice whether i want to park my car in the street or not.
No, but you DO have a choice about whether you park it on the street with expired registration tags.

Second i use mass transit and do not drive or see my car everyday. For example on the 24th when i was moving my car for the street cleaners there were already 3 tickets on my car accumulated from several days.
That's ENTIRELY on you.

Regardless, whether you think i'm right or wrong, i'm still looking for viable defenses because i do have an appeal still pending.
None are so blind as those that will not see.
 

Silverplum

Senior Member
I live in an apartment building without a garage in Queens NY, i don't have much of a choice whether i want to park my car in the street or not. Second i use mass transit and do not drive or see my car everyday. For example on the 24th when i was moving my car for the street cleaners there were already 3 tickets on my car accumulated from several days.

Regardless, whether you think i'm right or wrong, i'm still looking for viable defenses because i do have an appeal still pending.
I think you're incorrect. Good luck. :)
 
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