Ticket for Failure to register when vehicle was actually registered

[AkersTile]

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

Hi Everyone. Thanks in advance for any advice/suggestions!

In October my brother was driving my husband's truck and got pulled over for speeding. The officer also gave him a ticket for failure to register the vehicle in his name. He paid the speeding ticket, but plead not guilty to the failure to register. I don't know how he is supposed to fight it though. The truck is not his, it belongs to my husband. It is solely titled in my husband's name with me as TOD. My brother is not on the title anywhere. My brother is listed as a covered driver on our insurance since he lives with us and drives our vehicles, but I don't know how the officer would have gotten that his name should have been on the registration for the truck. Yes, the truck had valid plates/registration on it, belonging to it. The registration is not up until March of this year. Inspection is up to date (inspected last year per MO rules). Insurance is valid and has always been. I'm not sure if it is just up to my brother to deal with this, or if my husband should go to court with him and bring the proof of registration, etc. Any ideas?

 

[OHRoadwarrior]

Likely, when questioned by the officer, he responded it was his truck. That is evidence of such a violation.

 

[AkersTile]

OHRoadWarrior~
You're probably right about that. It is the vehicle he drives the most and eventually will probably be his truck unless he decides to buy another one. What should happen at this point though? Should he explain to the judge that it is not his truck, he just drives it, apologize for the misunderstanding, and show proof of the registration or should he pay the ticket? I've never had a Failure to Register so I'm not sure what all it entails as far as fighting it goes. I was told by someone else that if he shows the proof of registration, it will get dismissed, but I would like to make sure that's what he's supposed to do or find out if there is anything hubby or I should do to take care of it. I've always gotten really good advice from this forum, so naturally I would want advice from here

Sorry about not quoting, for some reason it won't let me quote anymore

 

[LdiJ]

OHRoadWarrior~
You're probably right about that. It is the vehicle he drives the most and eventually will probably be his truck unless he decides to buy another one. What should happen at this point though? Should he explain to the judge that it is not his truck, he just drives it, apologize for the misunderstanding, and show proof of the registration or should he pay the ticket? I've never had a Failure to Register so I'm not sure what all it entails as far as fighting it goes. I was told by someone else that if he shows the proof of registration, it will get dismissed, but I would like to make sure that's what he's supposed to do or find out if there is anything hubby or I should do to take care of it. I've always gotten really good advice from this forum, so naturally I would want advice from here

Sorry about not quoting, for some reason it won't let me quote anymore

It would probably be helpful if your husband went to court with him to help explain that it is not his truck, that it belongs to your husband.

 

[davew128]

Likely, when questioned by the officer, he responded it was his truck. That is evidence of such a violation.

Violation of what? You can't register a vehicle you don't own. The vehicle WAS registered...in the name of the person who OWNS it. Sounds like a bad citation to me.

 

[Zigner]

Violation of what? You can't register a vehicle you don't own. The vehicle WAS registered...in the name of the person who OWNS it. Sounds like a bad citation to me.

It's not rolly-eye worthy. Assuming the cite was issued based on the driver's statement that it was "his" truck, then the cite would be valid, since the driver had not properly registered a vehicle he owns in his name.

Sure, the cite may be successfully challenged, but the cite was valid based on the information the officer had.

 

[AkersTile]

Thanks everyone for the replies. I will tell Hubby to go to court with my brother and see if they can get it straightened out. I'm sure little bro did tell the officer something to the extent of it being his truck. I know most of the law enforcement in our county and they are all pretty decent people. I don't see any of them ticketing someone for no reason.