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  #1  
Old 09-19-2007, 03:21 PM
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Join Date: Sep 2007
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inspection Sticker expired (NYS) (j) (6)


What is the name of your state? New York

Hello, first timer here

I got cited for an expired inspection, which I have since renewed. I think I may be able to get off on the following basis

1) The part of the ticket in which the violated subsection is noted says simply
"insp Sticker expired (NYS) (j) (6)". I do not believe that NYS j 6 is a sufficient listing of the section in question. My search inthe internet shows it to be section 301 of the Motor vehicle laws, etc etc. Is this grounds for dismissal?

2) In the "complainant's comments" section it lists the expired sticker as #558627. This is not only wrong, but impossible, as all stickers have a seven digit number. Is this grounds for dismissal?

Thank you for your help

PS - I read the other posts, which speak to different issuesWhat is the name of your state?
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  #2  
Old 09-19-2007, 03:53 PM
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Join Date: Jun 2004
Posts: 7,585
Quote:
Originally Posted by reblen View Post
I got cited for an expired inspection, which I have since renewed. I think I may be able to get off on the following basis

1) The part of the ticket in which the violated subsection is noted says simply
"insp Sticker expired (NYS) (j) (6)". I do not believe that NYS j 6 is a sufficient listing of the section in question. My search inthe internet shows it to be section 301 of the Motor vehicle laws, etc etc. Is this grounds for dismissal?
Very unlikely. The city merely needs to give you notice of what you're being charged with. Inspection Sticker Expired is pretty self-explanatory, but (j)(6) is where they got you, that refers to section 4-08(j)(6) of the Traffic Rules which is the applicable statute.
Quote:
Originally Posted by Traffic Rules
Vehicles must display a valid inspection sticker. No person shall stand or park a vehicle bearing New York plates unless it is properly inspected and properly displays a current inspection sticker or certificate, in accordance with Section 306(b) of the Vehicle and Traffic Law...
Quote:
Originally Posted by reblen View Post
2) In the "complainant's comments" section it lists the expired sticker as #558627. This is not only wrong, but impossible, as all stickers have a seven digit number. Is this grounds for dismissal?
Worth a shot - it's a valid argument that the City has to properly identify your expired sticker (to prove it was expired) in order for you to be found guilty, so since they did not, you can't be found guilty. Don't know if they'll buy it, but it's better than nothing.

If all else fails, if you show you got the new sticker within 24 hours of the ticket, you have a pretty decent shot at getting the fine reduced, if not outright dismissed. However, this is discretionary, not required, so it helps to be nice when you contest the ticket

And of course, the obligatory "if you had paid attention to your inspection like you should have, you wouldn't be in this position in the first place..."
__________________
Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
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  #3  
Old 10-02-2007, 05:45 PM
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Thank you!
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