registration good, but still got ticket

What is the name of your state? Texas


my husband got a ticket for not having his registration ticket displayed in his windsheild. The car was registered and he had the new sticker in his glove box. He showed it the the police officer and still got a ticket. The city did not have a set fine for this type of offense so they made up an amount of $270. The judge would not dismiss the case and now we are waiting for a court date to have a trial by jury. Can anyone give me any advise on how to handle this?

[stephenk]

why was the sticker in the glove compartment and not on the windshield?

In any event, does your hubby have an attorney or is he planning to conduct a jury trial on his own? He can call the prosecutor and ask about reaching a compromise amount on the fine.

he just "forgot" to place the sticker in the windsheild. That's his own fault. But they are planning on charging him with no registration. He refuses to pay any amount of a fine and wants to his trial by jury on his own. Do you think he has any chance?

[racer72]

Here are his chances without an attorney.


Prosecuting Attorney: Mr ejolly, were you cited for not having a valid registration sticker in your windshield?

Mr ejolly: Yes. But I had it with me in the car.

PA: And where in the car was the sticker?

Mr. ejolly: In my glovebox.

PA: Could the officer see your sticker while it was in the glovebox?

Mr. ejolly: No.

PA: So you admit to driving a vehicle without a valid restration sticker in the windshield, as presribed by state law, when you were cited?

Mr. ejolly: errr, yes.

PA: Prosecution rests, defendant has admitted guilt to the charge.

Hello, this is the husband.. this is a great site.. lIt has a lot of great advice on it.. well here is the deal, I did get a ticket for not having the registration sticker in the windshield. Now this is my fault yes, but I do not feel it is right to even have been issued a ticket for "not having resistration" since the car was registered.

I have read the texas penal code, chapter/section 500, and it says the sticker should be placed on the front windshield. It does not specificaly state a fine or or if it is even an infraction. then it goes on to say that if the vehicle is unregistered than a fine will be given.

I plan to use this in my case and yes I am defending myself, well any sugestions are welcome.

thanks shawn

[spawn_x]

are there two seperate sections in texas law on not having registration or not having the sticker?

i'm about to go to sleep and will check it tomorrow.

if there's a section that applies ONLY to the "sticker" on the windshield, then yer clear because the cop wrote you up for the wrong one.

however if the sticker falls under the registration, yer screwed.

well after reading more about the offense in the penal code 502.402 says it is illegal to operate without proper insignia. I guess I am fighting a lost cause.. Even though its a redicolous ticket. Money makers for the city...

[HomeGuru]

The law is the law.

[spawn_x]

homeguru is correct.

may be a stupid law or charge a lot, but its still there...

try to get it reduced - claim its not a big offence..

Thanks to all for your help. We appreciate it and will let you know of the outcome.

[spawn_x]

Good luck to ya.

[JETX]

I offer a different 'spin' on this one.

First, this is somewhat confusing, since Texas doesn't really have 'registration' as defined by other states. Other states use 'registration' to mean title to the vehicle. In Texas, the registration is was a license plate sticker, which is now put on the windshield and not on the plate itself. The intent of this 'registration' is not to register the vehicle, but to pay the applicable annual state and county taxes.

Specific responses:
"well after reading more about the offense in the penal code 502.402 says it is illegal to operate without proper insignia. I guess I am fighting a lost cause.."
*** We assume that you meant Texas Transportation Code and not Penal code. In any case, this statute does not apply in your case. It applies to FAILURE to register. You were registered, just not properly displayed.
"§ 502.402. Operation of Unregistered Motor Vehicle
(a) A person commits an offense if the person operates a motor vehicle that has not been registered as required by law. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200."

The applicable violation would be covered by TX Trans Code:
"§ 502.404. Operation of Vehicle Without License Plate or Registration Insignia
<snip>
(b) A person commits an offense if the person operates on a public highway during a registration period a passenger car or commercial motor vehicle, other than a vehicle assigned license plates for the registration period, that does not properly display the registration insignia issued by the department that establishes that the license plates have been validated for the period.
<snip>
(e) An offense under this section is a misdemeanor punishable by a fine not to exceed $200."

My suggestion:
Go to court, take your receipt from the county tax office and show the court that the 'registration' (taxes) had in fact been paid at the time of the infraction. Since the intent of this law is to assure payment of taxes (which clearly was done), it is likely that any fine might be greatly reduced.

[spawn_x]

good post.

since he did not violate 502.402, wouldn't he be able to simply dismiss the case?

since he is fighting 502.402 and made no violation to that it should be dismissed, regardless of whether he violated another section or not, don't see why it wouldn't be.

or am I missing something?

[JETX]

"or am I missing something?"
*** I believe you are missing.... the fact that the citation apparently makes no reference to the statute. The reference is made by the writer in his post. And that reference was incorrect. That would have no bearing on the status of the citation.

[spawn_x]

you're right, my apologies.

what exactly is the violation on the ticket ?