David Jonathan
Member
Minnesota.
On 12/15/2006 I was stopped in Burnsville, MN (county of Dakota) where I received a ticket for "Failure to transfer title" 168a.30, Subd. 2, (2) – which states “willfully fails to mail or deliver a certificate of title to the department within the time required by sections 168A.01 to 168A.31;”
I found the definition of the time required here:
168.101, Subd. 2a. Failure to send to registrar within ten days. Any person who fails to mail in the application for registration or transfer with appropriate taxes and fees to the registrar of motor vehicles or otherwise fails to submit said forms and remittance to the registrar within ten days following date of sale shall be guilty of a misdemeanor.
This is going to be a two part argument – First part being the fact that I am not the owner, nor will I become the owner - Since I am not going to purchase the vehicle, I am simply using it while the registered owner does not have a license; there is no need to transfer the title. The vehicle is legally registered in Minnesota, and is covered by the proper insurance as required by MN law, and is being operated by a legal Minnesota resident who has valid driving privileges within the state of Minnesota.
The second part of this argument is that I will argue the validity of the stop itself - 168.0422: A peace officer who observes the operation of a motor vehicle within this state bearing special series registration plates issued under section 168.041, subdivision, or 169A.60, subdivision 13 , may stop the vehicle for the purpose of determining whether the driver is operating the vehicle lawfully under a valid driver's license. I’m unable to find any law as to what may happen AFTER my identity has been determined – and what the officer may do after it is established that I do in fact have a valid license. I am also unable to find any law that says the officer may pull over a vehicle with REGULAR plates, where ONE of the co-owners of the vehicle has a suspended license.
I’ll also point out, in the time I’ve been using the vehicle, this was the ONLY time I had been stopped ANYWHERE in the state of MN, I've had several officers follow me to and from work, and had not been pulled over at any time.
Both registered owners will be joining me at the courthouse, as witnesses to the fact that I am only borrowing the vehicle at this time.
I know this forum is for legal questions, however, I thought I'd let you guys know what's happenin' with me lately, and ... wish me luck (I'm thinkin' I'll need it)
--Dave.
On 12/15/2006 I was stopped in Burnsville, MN (county of Dakota) where I received a ticket for "Failure to transfer title" 168a.30, Subd. 2, (2) – which states “willfully fails to mail or deliver a certificate of title to the department within the time required by sections 168A.01 to 168A.31;”
I found the definition of the time required here:
168.101, Subd. 2a. Failure to send to registrar within ten days. Any person who fails to mail in the application for registration or transfer with appropriate taxes and fees to the registrar of motor vehicles or otherwise fails to submit said forms and remittance to the registrar within ten days following date of sale shall be guilty of a misdemeanor.
This is going to be a two part argument – First part being the fact that I am not the owner, nor will I become the owner - Since I am not going to purchase the vehicle, I am simply using it while the registered owner does not have a license; there is no need to transfer the title. The vehicle is legally registered in Minnesota, and is covered by the proper insurance as required by MN law, and is being operated by a legal Minnesota resident who has valid driving privileges within the state of Minnesota.
The second part of this argument is that I will argue the validity of the stop itself - 168.0422: A peace officer who observes the operation of a motor vehicle within this state bearing special series registration plates issued under section 168.041, subdivision, or 169A.60, subdivision 13 , may stop the vehicle for the purpose of determining whether the driver is operating the vehicle lawfully under a valid driver's license. I’m unable to find any law as to what may happen AFTER my identity has been determined – and what the officer may do after it is established that I do in fact have a valid license. I am also unable to find any law that says the officer may pull over a vehicle with REGULAR plates, where ONE of the co-owners of the vehicle has a suspended license.
I’ll also point out, in the time I’ve been using the vehicle, this was the ONLY time I had been stopped ANYWHERE in the state of MN, I've had several officers follow me to and from work, and had not been pulled over at any time.
Both registered owners will be joining me at the courthouse, as witnesses to the fact that I am only borrowing the vehicle at this time.
I know this forum is for legal questions, however, I thought I'd let you guys know what's happenin' with me lately, and ... wish me luck (I'm thinkin' I'll need it)
--Dave.
