Suspended Registration

[Ummonx]

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

Hi I was hoping to get some advice on how to mount a defense. My Girlfriend moved in with me in CT from NY. On June 11th she went to the DMV to get her CT license and I promptly put her on my auto insurance. She did not however register her car since they needed an emissions test and did not have time to get one that day.

Fast forward to today, She was pulled over and the officer informed her that her registration was suspended for not having insurance. Now she had proof and he was kind enough to issue her a summons and not impound the car. She went promptly to the NY DMV to take care of it but they informed her that Ct insurance isn't valid (although it exceeds NY State Liability limits)

If it were just a ticket I would gladly pay for the mistake. But NY felt the need to make it a misdemeanor punishable up to 30 days in jail not to mention having to answer yes when an employer asks if she was convicted of a crime.

I have proof of insurance, it never lapse. I might get a lawyer for just in case. Any advice?

 

[FlyingRon]

I'm a bit confused over the sequence of events here. When you put her on your insurance, did you list her car too?

 

[Ummonx]

Yes I listed her car on my insurance

 

[HighwayMan]

If the car is registered in NY then a CT insurance card is no good. It must be a NY insurance card. Doesn't matter that the insurance company operates in both states - you must have a New York State Insurance Identification Card.

As soon as her NY policy lapsed her insurance company immediately reported it to the DMV, who in turn suspended the registration and notified her by mail.

At this point it matters not that the vehicle was insured. What matters is that it was being operated with a suspended registration - which it was. The issue is not operating with no insurance, it is the suspension on the registration. And if the car was registered to her at the time she'd better check that her NY license is not suspended also. Do NOT assume the officer checked it.

I run into similar circumstances fairly often. Once the registration is suspended it doesn't matter if the vehicle is re-insured. The registration is still suspended until you take the appropriate measures to have DMV lift the suspension.

 

[FlyingRon]

If he put her on his insurance, she may not have had the right card with her, but she should have had the right coverage (i.e., she just didn't have her card on her). that may help in court.

 

[HighwayMan]

What matters is DMV not the court.

DMV suspended the registration because of a lapse of insurance. The issue needs to be taken up with them. If DMV agrees that the actual situation was not a lapse then they should be able to give the offender something to indicate that the suspension was not justified somehow.

Ideally, the court is only concerned about the registration being suspended. The reason why it was suspended is not an issue.

 

[Ummonx]

Do you think I could get it knocked back to a violation if I prove it was an honest mistake. I mean I have all the insurance information she was complying with the spirit of the law.

 

[Zigner]

Do you think I could get it knocked back to a violation if I prove it was an honest mistake. I mean I have all the insurance information she was complying with the spirit of the law.

The vehicle is required to have valid insurance.
The vehicle did not have valid insurance.

How were you complying with the spirit of the law?

 

[Ummonx]

She had Valid insurance, it just wasn't "NY Insurance that the DMV recognizes". Why they don't is a mystery to me, but rules are rules. It was a mistake, the intent was not to drive around without insurance. In addition the insurance she had exceeded the minimum requirements of NYS. I would say that is following the spirit of the law.

Regardless she just got her registration done in ct. There is not a hell of a lot NY can do to her license now. Its just the misdemeanor charge

 

[Zigner]

She had Valid insurance,

it just wasn't "NY Insurance that the DMV recognizes".

So, she did NOT have valid insurance...get it?

 

[asiny]

She had Valid insurance, it just wasn't "NY Insurance that the DMV recognizes". Why they don't is a mystery to me, but rules are rules.

Because may people attempt to skirt the law by insuring their car in another (cheaper insurance) state, whilst they are actually living in another state. This is, commonly, referred to as insurance fraud.

Regardless she just got her registration done in ct. There is not a hell of a lot NY can do to her license now. Its just the misdemeanor charge

You realise that New York and Connecticut both participate in the Drivers Licence Compact, right? And not carrying valid insurance - in the state where she was stopped and charged with - would be able to carry over as Connecticut has a similair statute.

 

[HighwayMan]

She may have had valid insurance but the PROOF of that insurance was not valid.

Again, the court should not be concerned with WHY the registration was suspended. It was suspended, period. The only way to really get out of it is to get something from the DMV acknowledging that the suspension was not proper.

Of course, many local courts would give you a break anyway. Which court is this?

And despite the fact that it's a misdemeanor charge, there is about as much chance at jail time as there is that the hurricane will not affect NYC this weekend.