Expired License Tabs WA

Hi,

Got a ticket for expired license tabs in Seattle, WA. When stopped on a freeway, I had to look for my registration since I just went to the dealer for service and removed such documents. Anyhow, he took my driver license and insurance and I located a registration (though expired) and asked if he wanted to see it. He said no, just sign this and mail it in.

It looks like the only thing on the back of the ticket is "tabs 03/01". On the front the factual info looks fairly accurate with the exception on my license plate the last "R" he wrote looks like an "L" or lower case "e". Next to the infraction he writes "License Plate Valid Display". Looking at the city code for the infraction the word "valid" does not appear, nor is there mention of expired tabs or registration. "Current and proper plates" does appear as governed by the state section. However in the state section of code there is no mention of license tabs or that tabs make a "current or proper".

Do I have any recourse here? I find it a bit disturbing to get pulled over on a sunday on Memorial Day weekend when this officer is clearly on a quota and feel that the stop was improper as he never viewed my registration, albeit expired. Further it's a bit stupid I think to get points for forgetting to renew tabs.

The affadavit or narrative on the back of the ticket is minimalist with just "tabs 03/01" and in actually there are no such stickers in this state. Rather the year tabs are all 4 digits and the single digit month tabs are not preceded by a zero.

I am assuming the standard for a preponderance of evidence for expired tabs may be fairly low but just asking for advice. I don't mind paying some fees but definitely don't want points for something like this. Record is otherwise clean.

Thanks

take him on ...

I say it was a sloppy pullover, a sloppy ticket, and his non-adherance to professionalism combined with the fact that you can not find a clear definition of the offense in the state code is enough for me.

However, digging through legal code gets messy, and its likely the tabs ARE required. But any worthy judge will notice that the infraction is very minor, and you should have been given a warning/reminder only. The fact that the police officer did not even check your registration, as he is required to do ... He was obviously hurried, and on quota.

[Edited by lowbatteries on 07-23-2001 at 06:44 AM]

You do not present any evidence that the citation should be dismissed. Washington state law RCW chapter 46 clearly states that all vehicles operating on public roadways will have a valid registration and vehicle tags. Once it had been determined that you did not have a valid registration, the officer had no reason to view it. You broke the law and were caught. I know most of the judges for the traffic courts in King County and I can guarantee none of them will dismiss your citation. You were on borrowed time anyway, almost 2 months late.

Thanks for replies. If there are no technical issues for dismissal are there any suggestions for reducing the charges?

Is there a difference for expired tabs versus expired registration? There seems to be 11.22.080 and 11.22.070 respectively. The latter specifically states expired registration is a "traffic violation", whereas the former section does not specifically state this. However, I assume the standard is low here.

I read in the reply above about once the officer determined there was no " valid registration"... How did he do this? No where in his affadavit is anything that I was driving without a valid registration or that expired registration was checked. I assume that is why he wrote up a citation for license plate display since he couldnt jusify a 11.22.070 for expired registration. Now if the current section of code for expired tabs is supposed to be 11.22.070 and I am cited for 11.22.080 then is there any case?

Basically I don't mind paying the $71 fine, but I really don't think it warrants DMV points. I would rather be speeding if I am going to get points. When stopped I had no idea the tabs were expired but I know that it was an honest mistake following the earthquake here and putting life back together. While the citation probably won't be dismissed as per Xjudge would any judge or magistrate offer paying the fine and then no points?

Thanks.

[Edited by windar on 07-24-2001 at 12:04 PM]

The officer probably ran your plates. In Washington, your registration and license tabs are issued together at the same time. It happens that folks buy there tabs but forget to install them, the vehicle has a valid registration but because the tabs are not installed, they are guilty of driving on expired tabs. The license tabs are not valid until they are affixed to the license plate. You will have to ask the judge about about not getting any points. I attend traffic court in Kent on a regular basis and the judges are fairly lenient on expired tabs if the citation is within 2 weeks of expiration. Yours were almost 2 months past expiration, do not expect the judge to be too lenient.