Failure to pay Taxes to the state - hypothetical question

[carguy31]

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

hypothetically speaking... around here when you do not pay for your yearly tag they write a ticket for "failure to pay all taxes due to state"

now let's say that you are from out of state, can a ticket still be (legally and justly) written?

now let's say that you have already received a ticket for this, it would seem that if caught at a later date you could not be charged with it again due to the 5th amendment...?

 

[Mass_Shyster]

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

hypothetically speaking... around here when you do not pay for your yearly tag they write a ticket for "failure to pay all taxes due to state"

now let's say that you are from out of state, can a ticket still be (legally and justly) written?

now let's say that you have already received a ticket for this, it would seem that if caught at a later date you could not be charged with it again due to the 5th amendment...?

Answering your question will involve a fair amount of research regarding the statute involved and the caselaw involving that statute.

It's really not something most volunteers are willing to do for a hypo.

 

[carguy31]

I understand that, didn't know there were volunteers, I thought this was just a forum..?

 

[antrc170]

let me make sure I understand what you are saying...

1 - can an out of state driver be cited for having expired registration?

yes. under AR 27-14-704 the vehicle must be registered according to the law governing the state of residence

2- if as an AR resident you recieve a ticket for exp. reg. can you get another one?

yes. under AR 27-14-702 every time that you operate the motor vehicle on the highway it is a seperate offense and can incur a seperate citation. it is not failing to pay the taxes that is the offense because if you don't want to register the vehicle you don't have to. it is driving it without paying the taxes that is the offense so there is no double jeopardy issues.

 

[carguy31]

I think you have the wrong statutes, al least the way i read this:
http://www.arkleg.state.ar.us/bureau/Publications/Arkansas Code/Title 27.pdf

further, the constitution is above any state law. IF the charge is failure to pay all taxes due to the state (for year xxxx) then that charge should be for year xxxx, and not for day and time.


It is my contention that if a tax has not been paid (being a yearly fee) then that violation would be for the year itself. of course, like i said, this is just hypothetical... food for thought.

 

[justalayman]

now let's say that you are from out of state, can a ticket still be (legally and justly) written?

it would be meaningless because an out of state driver does not owe any taxes to Arkansas.

I presume there is a law requiring a valid license on a vehicle that would apply.

.

around here when you do not pay for your yearly tag they write a ticket for "failure to pay all taxes due to state"

If it were me, I would argue the ticket because you did not fail to pay all taxes due. You pay the taxes they speak of when you purchase your registration. Since you do not have a valid registration, you could not have not paid taxes that were due. Yes, you would not be able to legally drive the vehicle but that is irrelevant. The fact of the matter is; you have not not paid any taxes due since you do not have a current registration and when you purchase a registration is when the taxes are due. You are not taxed for driving the vehicle. You are taxed for registering it.

 

[The Occultist]

If it were me, I would argue the ticket because you did not fail to pay all taxes due. You pay the taxes they speak of when you purchase your registration. Since you do not have a valid registration, you could not have not paid taxes that were due. Yes, you would not be able to legally drive the vehicle but that is irrelevant. The fact of the matter is; you have not not paid any taxes due since you do not have a current registration and when you purchase a registration is when the taxes are due. You are not taxed for driving the vehicle. You are taxed for registering it.

Your response, while I'm sure is accurate de facie (crap, did I just mix french with latin??), I would like to know what the OP has actually been charged with (which includes codes).

 

[carguy31]

I didn't get a ticket for this, it's just hypothetical....

as justalayman pointed out, no taxes are owed to arkansas if I am from Oklahoma.
I am just curious, trying to learn the law. the constitution says you can't be charged for the same crime twice.

so I wanted to know why a person get get repeated tickets for the same years taxes/tag. and if the taxes are owed to one state how/why another state can charge you for it.

 

[The Occultist]

I am just curious, trying to learn the law. the constitution says you can't be charged for the same crime twice.

You're misunderstanding how a "crime" as assessed. So, let's use a simple example: if you are parked at a meter that is expired at 1:02pm, then you are guilty of parking at an expired meter at 1:02pm. If you are still parked there, then you are guilty of parking at an expired meter at 1:03pm. Although it seems like those are the same offense, and thus subject to double jeopardy, you are wrong! The first offense is for something that happened at 1:02, and then a second, very separate charge, is for something that happened at 1:03. Making sense yet?

 

[carguy31]

oh, so if you are 3 minutes late you get 3 tickets?

or what of seconds? do they count too? so by the time your 2 minutes have gone by have 120 separate crimes passed? or only two? does the law break crimes down by the minute? do we start to count milliseconds?

 

[Zigner]

oh, so if you are 3 minutes late you get 3 tickets?

or what of seconds? do they count too? so by the time your 2 minutes have gone by have 120 separate crimes passed? or only two? does the law break crimes down by the minute? do we start to count milliseconds?

Hypothetically - yes.

 

[BOR]

I didn't get a ticket for this, it's just hypothetical....

as justalayman pointed out, no taxes are owed to arkansas if I am from Oklahoma.
I am just curious, trying to learn the law. the constitution says you can't be charged for the same crime twice.

so I wanted to know why a person get get repeated tickets for the same years taxes/tag. and if the taxes are owed to one state how/why another state can charge you for it.

The Constitution's DJ clause is not applicable to "seperate sovereigns".

If I start a homicide in Alabama but complete the crime in Georgia, or vice versa, BOTH states can charge me with murder of the same person and Double Jeopardy is not triggered.

 

[antrc170]

I think you have the wrong statutes, al least the way i read this:
http://www.arkleg.state.ar.us/bureau/Publications/Arkansas Code/Title 27.pdf

further, the constitution is above any state law. IF the charge is failure to pay all taxes due to the state (for year xxxx) then that charge should be for year xxxx, and not for day and time.


It is my contention that if a tax has not been paid (being a yearly fee) then that violation would be for the year itself. of course, like i said, this is just hypothetical... food for thought.

The state isn't going to issue a ticket for failing to pay the taxes per se. The problem is driving a vehicle when the proper reg and fees have not been paid. Every time you operate that vehicle you are committing a new offense. Where are you getting the charge "failire to pay all taxes due the state"?

 

[carguy31]

I've had it in the past

On Demand Court Records

Offense

TRAFFIC - FAILURE TO PAY ALL TAXES DUE STATE