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Missing inspection sticker ticket for Expired inspection

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Gsus

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

I got a parking ticket for a "Missing Inspection Sticker", but my ten day extension sticker wasn't missing, it was right there on the window, but it was in fact expired.

I'm thinking I can fight it, because the ticket is for the wrong violation. I got a parking ticket dismissed once for double parking because, well, I was on the street, but there was no car to my right, he had pulled out. The judge dismissed this because, technically, I wasn't "double" parked. That tells me that these tickets have to be very specific and the written infraction has to be within the definition of the violation.

On the back of the ticket it says for missing inspection/registration tickets, mail them the ticket with a not guilty plea with a copy of the inspection/registration. Yeah, the judge would want to kick my ass after seeing the date on the bottom, but I'm providing them with the document, it's not missing.

Could I win with this technicality?
 
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justalayman

Senior Member
is a missing sticker less of an offense than an expired sticker? I'm thinking maybe the ticket agent was trying to allow the OP a fix it ticket rather than a "I screwed up and didn't renew my inspection" ticket.
 

Gsus

Junior Member
No, there is no such thing as a fix it ticket for expired inspection in NY. He wasn't trying to give me a break. If I did get the inspection today, it would be on a date that's after the ticket, and it wouldn't hold. the judge would just say so, you got it after the fact..guilty. The only way to get away with that is if the date on the sticker was one prior to the date the ticket was received, or so I think. The ticket is 65 dollars plus a 50 dollar "state surcharge"..yeah.

A little detail...I got castrated on another site for asking this, people were telling me that I'm a criminal for breaking the law and now I'm trying to avoid punishment based on technicality....wow.

I had the car in storage for over a year, after losing my job. I didn't want to give a sob story so I left this part out...but I recently started working and pulled the car out. Cost me over 200 dollars just to register it and park it on the street... a new 25 dollar "vehicle usage fee" was tacked on..isn't that what registration is for? So on top of that, insurance and inspection, I have to pay 25 bucks to "use" my vehicle...NYC is great!

My battery had to be replaced so my mechanic told me I had to drive it around for a 100 or so miles so the ECU can store some data, then bring it in. I've been working 7 days and didn't really get to drive it, and finally planned on taking it Monday morning..but too late.

On my way home from the train station I looked at the car and noticed the ticket. I knew it was expired, I didn't lie about that, but why would this guy give me a ticket for the sticker not being there? He is obviously incompetent because he failed to realize that piece of paper is indeed an inspection sticker, albeit a temporary one, that the DMV issues.

The date is on the bottom as well, with a big "Ten Day Inspection Extension" on the piece of paper. He just looked at my windshield, didn't see the usual sticker that is usually there and assumed anything related to inspection was missing...that's not my problem.

My intent isn't to be a weasel, but if this city is willing to hire more "ticket warriors" and impose unexplained surcharges on top of the summon, then if I can get away with it, I will certainly try.

I'll give it a go and see what happens.
 
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Gsus

Junior Member
I would like to point out that "Expired inspection" and "missing inspection" are two different violations. That's why I'm even bothering with this. For an expired sticker, the agent has to put the inspection sticker number and date of expiration on the ticket, none of which he did.

That's why I came to the conclusion that this guy didn't recognize a temp. sticker and just thought it was missing.
 

justalayman

Senior Member
did you have an expired permanent sticker in place? If not, I agree with the cop that you were missing an inspection sticker.
 

HighwayMan

Super Secret Senior Member
This was in NYC?

I am assuming so. I don't believe this argument will get you anywhere. What section of the Traffic Rules were you cited for violating?
 

HighwayMan

Super Secret Senior Member
I would like to point out that "Expired inspection" and "missing inspection" are two different violations.
You are mistaken.

Traffic Rules 4-08 (j)(6) says:

(6) Vehicles must display 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 §306(b) of the Vehicle and Traffic Law or unless it bears New York dealer or transporter plates pursuant to §415 of the Vehicle and Traffic Law.


This is the only section of the Traffic Rules you would be cited for on a parking ticket for an inspection violation. There is only one section and it matters not if the sticker is missing or expired. If you were cited for a different section then which was it?
 

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