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Received ticket for non-registration/license but this isn't my home!

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Twangy

Junior Member
Hello,
I am currently working in Las Vegas, Nevada. My home and family are in California. The plant in California shut down and I was offered a position at our plant here in Las Vegas. I am still on the payroll and pay my taxes to California.

A cop pulled me over yesterday. He didn't say why, he asked for my license, registration and proof of insurance. My tags were expired but I renewed online so they were sent to my home in California. I told him I was working here. He asked for how long? I told him almost a year. He asked if I lived here and I replied 'yes'. So he gave me a ticket for non-registration and no license in Nevada.

My question: Is he right? Do I have to register my car in Nevada and get a Nevada driver's license. He also said I would have to turn in my California plates.

I am scheduled to appear September 20. There is no bail or any fine entered on the ticket. He said it was handled like a 'fix it' ticket - get it taken care of.

My plan is to appear in court and explain my situation to the judge and let him inform me of what action I am required to take. I'll do whatever I need to do but this sounds way off, considering my home is in California.

Any advice or sharing of similar experiences would be greatly appreciated.
 


OHRoadwarrior

Senior Member
Do you own a home in California?
Do you own or rent in Nevada?

Residency Requirements


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You must be a Nevada resident and provide a Nevada street address to obtain a driver license.

Active duty military members, their dependents and others living temporarily in Nevada are not required to transfer their license and registration. If you obtain non-military employment, however, you become a Nevada resident and must obtain a Nevada license and registration.

Licenses are not issued to visitors, out-of-state students or foreign exchange students. Other foreign nationals may or may not be eligible for a license depending on their specific immigration status. E-Mail or call for details and see Beginning Drivers 18 & Older.
Nevada Revised Statutes 483.141 “Resident” defined.
1. “Resident” includes, but is not limited to, a person:
(a) Whose legal residence is in the State of Nevada.
(b) Who engages in intrastate business and operates in such a business any motor vehicle, trailer or semitrailer, or any person maintaining such vehicles in this state, as the home state of such vehicles.
(c) Who physically resides in this state and engages in a trade, profession, occupation or accepts gainful employment in this state.
(d) Who declares himself to be a resident of this state to obtain privileges not ordinarily extended to nonresidents of this state.
2.

The term does not include a person who is an actual tourist, an out-of-state student, a foreign exchange student, a border state employee or a seasonal resident.
 
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Twangy

Junior Member
Thanks for your reply. I own my home in California. The company I work for is renting a home for myself and two co-workers. I saw that same clause online. I am gainfully employed here but pay taxes in California.
 

OHRoadwarrior

Senior Member
You sank yourself when you claimed you were a resident.
If you filed 2010 as a non resident, you might be able to make the argument you are a border resident and stay here in the company rented house at times. You appear to have given up any such claim, by having an expired registration though.
NRS 482.385, allows the officer to cite you if you claim to be a resident OR your registration is expired. I would guess you will lose based on those assertions.
 

Twangy

Junior Member
Thanks for your reply. My registration wasn't expired, it came up as registered because I renewed online. My tags were sent to my home in California. Yep, I told him I lived and worked here. Oh well, I'll do what I have to do.

Can you answer this for me? When I appear before the judge and explain the situation and he too says I'm sunk, how soon after that will it need to be taken care of - that day? Will he impose a fine if it is not taken care of before my court appearance?
 
Thanks for your reply. My registration wasn't expired, it came up as registered because I renewed online. My tags were sent to my home in California. Yep, I told him I lived and worked here. Oh well, I'll do what I have to do.

Can you answer this for me? When I appear before the judge and explain the situation and he too says I'm sunk, how soon after that will it need to be taken care of - that day? Will he impose a fine if it is not taken care of before my court appearance?
tags sent to CA & you did not get them? Hummm
 

Twangy

Junior Member
Another concern is when I go home to visit in California. I own my home there, my family is there, I pay taxes there but now my car is registered in Nevada?
 

I_Got_Banned

Senior Member
Hello,
I am currently working in Las Vegas, Nevada. My home and family are in California. The plant in California shut down and I was offered a position at our plant here in Las Vegas. I am still on the payroll and pay my taxes to California.

A cop pulled me over yesterday. He didn't say why, he asked for my license, registration and proof of insurance. My tags were expired but I renewed online so they were sent to my home in California. I told him I was working here. He asked for how long? I told him almost a year. He asked if I lived here and I replied 'yes'. So he gave me a ticket for non-registration and no license in Nevada.

My question: Is he right? Do I have to register my car in Nevada and get a Nevada driver's license. He also said I would have to turn in my California plates.

I am scheduled to appear September 20. There is no bail or any fine entered on the ticket. He said it was handled like a 'fix it' ticket - get it taken care of.

My plan is to appear in court and explain my situation to the judge and let him inform me of what action I am required to take. I'll do whatever I need to do but this sounds way off, considering my home is in California.

Any advice or sharing of similar experiences would be greatly appreciated.
You do know that you can either get cited for expired registration, OR for failing to display current tabs?

What code sections (numbers) were you cited for?
 

HighwayMan

Super Secret Senior Member
You don't go to court and wait for the judge to tell you what to do - you'll just be found guilty.

Transfer your license and registration prior to your court date - according to what the officer told you (to be taken with a grain of salt I suppose) this should result in a dismissal of the charges.

You reside in Nevada and work there - you told the officer that. You should be licensed and registered there.
 

Twangy

Junior Member
I was cited for 482.385 - NRS Resident with non NV registration & 483.245 with non NV license.

If I can be written up for expired tags, so be it. The cop had his mind made up that he was going to write me a ticket.

Work up here (Nevada) is on and off although I have been here for nine months steady. Shortly after starting in Nevada, I was laid off from here as well. I went home to California for one month and was called back to Nevada.

Seriously, I'm supposed re-register my car in California and Nevada, back and forth?

Once again, I am on the payroll in California but work in Nevada. I own my home in California and stay in a company provided home in Nevada - I am not paying rent.

What is the problem with waiting to explain my situation and the details to the judge?

If it makes any difference at all, I have been with the company for 32 years and still do some work at our plant in California.

I really appreciate the advice. Thank you.
 
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OHRoadwarrior

Senior Member
I would request a letter from my employer saying you having been working in CA and NV irregularly. If you file 2010 as CA resident, and have not requested any NV services as a resident, only CA services, I would argue 483.25 description does not apply due to NRS 482.103 “Resident” defined.

1. “Resident” includes, but is not limited to, a person:

(a) Whose legal residence is in the State of Nevada.
I would explain you own a home in CA, which you return to when not working here. I would explain your employer maintains an apartment for your use when here.

Reg ticket would fall in the agreement, with explanation you did not make it home to pickup sticker and explanation you were confused/upset when talking to officer.

This is not a guaranteed winner. I peruse laws in advance and stay prepared to respond accordingly, when I work out of my home state.
 
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Twangy

Junior Member
Thanks for your reply. Do I risk anything by waiting for the court date to explain my situation to the judge?
 

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