Unregistered and uninspected motor vehicle; upstate NY

[o0Sarah0o]

expired registration and inspection ticket in N.Y.

I received two tickets in 3/2012, *unregistered and uninspected vehicle, while driving a borrowed car. A close friend had loaned me his spare car while my car was in for repairs. His vehicle was insured, but it had not been registered since 10/22/2010. After my ticket, the car was registered within 12 hours and subsequently inspected, but when it failed inspection, he took the vehicle off the road, stored it, and handed in his plates.

I don't know the best course of action. Some advise I've received is that they can charge me a fine for every day it was unregistered and that I should get a public defender, that I should just not do anything and just go to the appearance date, and that I should ask for a public defender at the appearance.*

*I was advised by the Officer issuing the ticket to plead "Not Guilty," and I've had to get my court appearance date rescheduled to this July. I have photocopies of my friends temporary registration and inspecition receipt, I've considered going to the county clerk, do u have any other advise?*Is there anything I can do to help my case? Any advise that could help me get this dismissed or reduced would be invaluable.*

thanks in advance for all the help. Any advise would be appreciated.

 

[HighwayMan]

I received two tickets in 3/2012, *unregistered and uninspected vehicle, while driving a borrowed car. A close friend had loaned me his spare car while my car was in for repairs. His vehicle was insured, but it had not been registered since 10/22/2010.

Your "close friend" shouldn't have a car if he can't take care of the basics. Maybe you should check the stickers from now on before borrowing someone else's car - it only takes a second.

I don't know the best course of action.

These violations carry no points. Your "close friend" should pay the tickets for you. What does he have to say about it?

Some advise I've received is that they can charge me a fine for every day it was unregistered and that I should get a public defender...

That's not true. The fine IS higher when it's been unregistered/uninspected for greater than 60 days, but that's already the case for both violations. Public defenders are NOT provided for traffic infraction cases. You seem to think this is a similar to murder case - it is simply two lowly traffic infractions.

...that I should just not do anything and just go to the appearance date, and that I should ask for a public defender at the appearance.*

I cannot emphasize this enough - you CANNOT get a public defender in a situation like this.

*I was advised by the Officer issuing the ticket to plead "Not Guilty,"

So it appears as though you have already done that. Maybe he was trying to hint that he'll work with you in court. My guess is that he might offer to drop ONE of the charges if you plea guilty to the other.

I have photocopies of my friends temporary registration and inspecition receipt, I've considered going to the county clerk, do u have any other advise?

The county clerk does not adjudicate traffic tickets and has NOTHING to do with this.

Why does he have a temp registration? Why wouldn't DMV just renew the one he had?

What will the inspection receipt show? That the car failed inspection? Even if both conditions were fixed an hour after you got the tickets - they will not get dismissed. These are not "correctable" violations.

Strict liability is in play here - you are legally responsible since you were driving. You can't blame another person - even the owner.

That being said, I will repeat that if the owner is such a "close friend" he should do the right thing and just pay the tickets for you.

 

[LordofBooks]

Just to add on to the public defender comment. There's a lot of confusion among the public as to when they're entitled to one. The general thinking is that you're given one only in criminal prosecutions. While this is true, it doesn't mean every criminal prosecution.

The only time you get one is when there is an issue at state. This means that the defendant has to be facing the potential for jail time, they aren't then they aren't entitled to a public defender.

 

[HighwayMan]

While this is true, it doesn't mean every criminal prosecution.

This is not a criminal prosecution. These two violations of the Vehicle and Traffic Law are not crimes.

The only time you get one is when there is an issue at state.

???

This means that the defendant has to be facing the potential for jail time...

The defendant IS facing the potential for jail time = up to fifteen days for a traffic infraction.

they aren't then they aren't entitled to a public defender.

Please proof read your posts before hitting the "submit" button.