Moving Violation Not in My Name

[Oscar the Boxer]

What is the name of your state (only U.S. law)?
I am in New York State. There are two tickets that are outstanding with my license plate number - one for driving with a mobile phone and the other an unlicensed driver. The tickets do not have my name on them and the driver did not have their drivers license on them. Last night, tow truck drivers walked into my drive way looking for something. Am I responsible for these tickets? What course of action should I take to protect myself and my vehicle?

 

[Just Blue]

What is the name of your state (only U.S. law)?
I am in New York State. There are two tickets that are outstanding with my license plate number - one for driving with a mobile phone and the other an unlicensed driver. The tickets do not have my name on them and the driver did not have their drivers license on them. Last night, tow truck drivers walked into my drive way looking for something. Am I responsible for these tickets? What course of action should I take to protect myself and my vehicle?

Did you allow an unlicensed driver to drive you car?

 

[Oscar the Boxer]

Yes, I did. They were not on any documentation such as insurance but I did allow them to drive my vehicle.

 

[Just Blue]

Yes, I did. They were not on any documentation such as insurance but I did allow them to drive my vehicle.

Then you are responsible for allowing an illegal act. You MIGHT be able to sue for damages or a portions of the damages.

 

[Oscar the Boxer]

Even though I did not know that the driver was unlicensed?

 

[Just Blue]

Even though I did not know that the driver was unlicensed?

Yes. You are responsible. Take the person to small claims court and sue them for your damages.

 

[HighwayMan]

There are two tickets that are outstanding with my license plate number - one for driving with a mobile phone and the other an unlicensed driver. The tickets do not have my name on them and the driver did not have their drivers license on them. Last night, tow truck drivers walked into my drive way looking for something. Am I responsible for these tickets? What course of action should I take to protect myself and my vehicle?

You do not get your car towed for unpaid/unanswered traffic tickets that are not in your name. What car was driven during the commission of those offenses is irrelevant, unless the offenses were the responsibility of the owner (only insurance and weights/dimensions violations are).

Where in NY do you live?

Is your address current with DMV for both your license AND registration? If you had any issue with either DMV would have sent a suspension notice(s) by mail to your address.

If it makes you feel any better go to DMV and get a license abstract and have them check the status of your registration. However, registrations do not get suspended for unpaid/unanswered moving violations.


How do you know what the "tow truck drivers" were there for? Was your car in the driveway? If not then why would they walk into your driveway if it was obviously empty?

 

[Oscar the Boxer]

HighwayMan,
I am in NYC, more specifically Queens. My license and registration are at an old address where I still have the ability to retrieve the mail. My car was not in the driveway at the time but my mother's car was.

I do have one ticket that is a parking ticket but that is being taken care of. I have already contacted the DMV in regards to that ticket. The NYC DMV also informed me that as long as the parking ticket(s) are $350 or under, they will not tow the car.

I believe I will go to the DMV on Monday and do exactly as you suggest since the information they have on file is not up to date.

My mother is the one who saw the tow truck drivers (TTD) and she only saw them through her window. She did not go outside and speak with them. She is convinced that they made a mistake with the house. I was not at home at the time of the incident and that is why I didn't see them.

 

[HighwayMan]

DMV never tows cars - that is not their function.

Towing of cars for parking scoffs is the responsibility of New York City and once in a while they change the threshold for the outstanding fines necessary for a tow/impound. Don't listen to DMV, they may not have updated information about a function that they have nothing to do with.

It doesn't matter if you can get your mail, it is mandatory that you notify DMV within 10 days of an address change for BOTH your license and registration. Both are summonsable offenses. Both addresses are separate pieces of data and must both be updated - I believe you can use one form for both, but you must list both you license number (client ID) and plate on the form in order for both to be updated.

Unless the person who drove your car identified himself as you (and how do you know he didn't???) then you have nothing to worry about. Just make sure you pay your overdue parking ticket.