Operating a Vehicle with a Suspended Registration

[Joey1832]

What is the name of your state? New York

I took my car off the road for a few months to fix some things that were wrong. I canceled the insurance but did not know I had to turn in my license plates after the insurance was canceled. I was sent a letter from NYS DMV that my registration was suspended due to lack of continued insurance on the car. I immediatley opened a new insurance policy for the vehicle.

A week or 2 later I was pulled over anf cited a ticket for "Operating a Vehicle with a Suspended Registration". Even though the officer already wrote out the ticket he said they should have updated the DMV's records once I obtained a new insurance policy and revoked the suspension. He said just show up in court and show my papers to the judge and it should be dismissed.

Well, little did I know...I have to pay a fine at the DMV of $8.00 a day for every day I had no insurance on the car....almost $600.00, which then and only then revoked the suspension.

I am due in court next week (criminal court, go figure) and would like to know what I should expect. Do I have reasoning for grounds of dismissal. What happens if I plead guilty to just get it over with. Being that this is Criminal Court do I need counsel. Can anyone give me some advice as to the best way to play this out, get it over as quickly as possible, but at the same time cover myself from possible license suspension or my registration being revoked. Does anyone have or can point me to the possible outcomes or prevoius similar situations or past cases.

The whole fact of it being criminal court has me a little nervous!

Thanks you in advance!

 

[Peetie]

You probably have a 50-50 chance of getting it dismissed by producing the paperwork showing the suspension was revoked. If the judge is feeling okay, got laid recently and no jerks have given him/her a hard time before you get in front of the bench, it may be dismissed.

In reality, be prepared to pay a fine and court "surcharge." After all, King George has to pay his corporate benefactors back somehow.

 

[qcxlvr1]

You were probably charged with VTL 512. The suspension order associated with your registration was most likely "insurance lapse." You are correct in that the suspension should have cancelled once DMV received notification that you had insurance, but you were supposed to turn the plates in.

Depending on which criminal court you are going to, the judge may not hear you. Many judges will only deal with attorneys in criminal cases. The good news is that I think something like this would only require 1 appearance so retaining an attorney should not cost you that much.