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  1. #1
    tracerbullet is offline Junior Member
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    No Operator Ticket with a Valid Out Of State DL??

    What is the name of your state (only U.S. law)? North Carolina

    We recently moved to NC and have not gotten our NC tags. My out of state tags expired over a year ago, but my Drivers Licence is still good for another 2 years.

    We got pulled over and the officer issued two tickets:

    Expired tags - GS 20-111
    No NC Drivers Licence - GS 20-7

    Since I had a valid out of state DL, can they issue me a ticket for this? I would pay it and just go on, but according to what I have read the second ticket is a moving violaiton and carries 3 points on my DL and 1 point on my insurance (25% cost increase).

    So should I go to court and fight it or pay the fine ($240) and go on? If I contact a lawyer, the cost would be higher than $240 i assume.
  2. #2
    justalayman is offline Senior Member
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    Quote Originally Posted by tracerbullet View Post
    What is the name of your state (only U.S. law)? North Carolina

    We recently moved to NC and have not gotten our NC tags. My out of state tags expired over a year ago, but my Drivers Licence is still good for another 2 years.

    We got pulled over and the officer issued two tickets:

    Expired tags - GS 20-111
    No NC Drivers Licence - GS 20-7

    Since I had a valid out of state DL, can they issue me a ticket for this? I would pay it and just go on, but according to what I have read the second ticket is a moving violaiton and carries 3 points on my DL and 1 point on my insurance (25% cost increase).

    So should I go to court and fight it or pay the fine ($240) and go on? If I contact a lawyer, the cost would be higher than $240 i assume.
    You don't have a valid out of state driver's license. It became invalid when you established residency in NC.
  3. #3
    tracerbullet is offline Junior Member
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    Your Assumption

    You assume I established residency.... I have 60 days, who says I've been here this long or this is my primary state.

    The officer didn't ask.

    I doubt a judge would go to the lengths to determine residency.
  4. #4
    davew128 is offline Senior Member
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    Quote Originally Posted by tracerbullet View Post
    You assume I established residency.... I have 60 days, who says I've been here this long or this is my primary state.

    The officer didn't ask.

    I doubt a judge would go to the lengths to determine residency.
    You established residency when you started residing there.

    Have you been there less than 60 days or not? If the answer is no, then by all means feel free to perjure yourself in front of the judge and be prepared to face the consequences when he asks for something like a copy of a signed lease or HUD from a home purchase establishing when you moved there.
  5. #5
    OHRoadwarrior is offline Senior Member
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    So you have been driving all over the US with expired tags for a year?
  6. #6
    Free_Advice is offline Member
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    Quote Originally Posted by tracerbullet View Post
    You assume I established residency.... I have 60 days, who says I've been here this long or this is my primary state.

    The officer didn't ask.

    I doubt a judge would go to the lengths to determine residency.
    Well you implied it, as your post said your tags were 1 yr expired.

    If you have not, then the license issue should be ruled in your favor. The registration issue would be governed by your resident state.
  7. #7
    Free_Advice is offline Member
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    Quote Originally Posted by davew128 View Post
    and be prepared to face the consequences when he asks for something like a copy of a signed lease or HUD from a home purchase establishing when you moved there.
    I would recommend the OP not take the stand; and asking for documents? I take the 5th & even object to the inquiry - a judge cannot conduct discovery.

    State has to prove their case -- OP does not have to make their case for them.
  8. #8
    cyjeff is offline Senior Member
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    Quote Originally Posted by Free_Advice View Post
    I would recommend the OP not take the stand; and asking for documents? I take the 5th & even object to the inquiry - a judge cannot conduct discovery.

    State has to prove their case -- OP does not have to make their case for them.
    Again, you are wrong.

    What stand? This is a traffic citation. The judge will ask "when did you move to North Carolina?" The OP should not lie. The OP may not want to answer and doesn't have to.

    However, failure to answer the question will answer the question.

    And object to the inquiry? Are you drunk? The inquiry of "when did you move to North Carolina" is absolutely an appropriate question to ask when you have been charged with not renewing your license promptly as per state guidelines.

    The OP could always lie to the court thereby swapping a traffic offense for a perjury charge. I recommend against that.
  9. #9
    justalayman is offline Senior Member
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    Quote Originally Posted by tracerbullet View Post
    You assume I established residency.... I have 60 days, who says I've been here this long or this is my primary state.

    The officer didn't ask.

    I doubt a judge would go to the lengths to determine residency.
    so you are going to play stupid games?

    Enjoy the ticket. I strongly suspect it was deserved.
  10. #10
    HighwayMan is offline Senior Member
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    With a registration expired so long I would have impounded the car. OP is lucky that it didn't happen.

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