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Old 09-27-2005, 08:19 PM
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Join Date: Sep 2005
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Question

One of Two Charges on Ticket is False


What is the name of your state?West Virginia

A state trooper pulled me over in the company van I normally drive on Friday for an expired motor vehicle inspection sticker (West Virgina Code, Subsection 17C-16-9). I handed him my proof of insurance, driver's license and registration at his request. When he came back 5 minutes later after writing one ticket for the above mentioned charge, there was a second charge for no proof of insurance (W.V.C.,S.S.17D-2A-6). He told me that the insurance card I handed him was expired. I took his word for it when he handed it back to me and thought that maybe I had lost the new insurance card and gave him the old one. Well, later on that day I took a closer look at it and sure enough, it plainly stated the effective policy term dates from 12/31/04 to 12/31/05. He must have made a mistake and didn't see both dates. I am on vacation from work right now and am not driving the van. It should be getting repaired right now so it can pass inspection. Although I've known about the sticker being expired for some time now, I have mentioned to the van owner several times that repairs have to be made to it before it can even be inspected.

I'm obviously guilty of the first charge because I knew about the expired sticker but drove it anyways. Of course I'm at the mercy of my employer who is the actual owner of it and is, in the end, responsible for getting repairs made to it so it can pass inspection. So now what should I do?

Do I plead guilty for the first charge and not guilty for the second charge?

Do I call the magistrate in Putnam County to tell them the trooper was mistaken?

Do I contest both charges?

Do I contest only the second charge?

Do I Motion to Dismiss the entire ticket? and if so... What would my reasoning be?

The last thing I will ever do is give up my rights as I firmly believe in the Constitution and Bill of Rights for every American. Please tell me the best thing to do in this case.
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