Registration ticket issued in my driveway!!??

[MCasti5161]

What is the name of your state? New York
Hi,I am currently pregnant and expecting shortly in which I was unfortunately issued a ticket by a parking enforcement agent (not an nypd officer)because my registration on my window has expired.Obviously I have not been driving my car & the registration should have been in my mailbox already since I have sent it out the renewal form about a month ago and have not received it yet.It expired 10/31/07 and the ticket was given to me on 11/1/07.I'd also like to add the fact that my automobile was parked in my driveway!Is this legal?Can I get this ticket dismissed if I fight it?Please help me! Thank you for your time and Godbless you.

 

[The Occultist]

If your vehicle was in your garage or perhaps within a fenced yard with no road access, there probably wouldn't have been an issue. However, since your vehicle was in your driveway, yes, the officer has every right to cite you for breaking the law, which, from your post, you did do. If you show up to court with proof that you are in compliance, the charges may be dismissed (don't count on it, but it does happen), or possibly reduced fines (which I see happen all the time).

 

[PrinceCharming]

I am not so sure about that. I know in off-street public parking the officers do have control in such an area, but this is a totally private property. If I am not mistaken I can even have a car parked without plates, registration, insurance and inspection as long as I don't drive it on the road.

 

[You Are Guilty]

I am not so sure about that. I know in off-street public parking the officers do have control in such an area, but this is a totally private property. If I am not mistaken I can even have a car parked without plates, registration, insurance and inspection as long as I don't drive it on the road.

I'll have to double check to be sure, but some offenses can be written when car is either on public land or visible from public land. So if the front of the car was pointed away from the street, the officer can't walk up the driveway to see the tags to issue the ticket, but could if the car was parked the other way.

It's going to be a while till I can check, so if someone else wants to run with this one, go right ahead

 

[byrd42]

Guess you need to prove you that you have not been operating the vehicle? Will let the others respond but here's the NY law., since I had nothing better else to do;


§ 401. Registration of motor vehicles; fees; renewals. 1. Registration
by owners. a. No motor vehicle shall be operated or driven upon the
public highways of this state without first being registered in
accordance with the provisions of this article, except as otherwise
expressly provided in this chapter.
b. Every owner of a motor vehicle which shall be operated or driven
upon the public highways of this state shall, except as otherwise
expressly provided, cause to be presented, by mail or otherwise, to the
office or a branch office of the commissioner, or to any agent of the
commissioner, constituted as provided in this chapter, an application
for registration addressed to the commissioner, and on a blank to be
prepared under the direction of and furnished by the commissioner for
that purpose, containing: (a) a brief description of the motor vehicle
to be registered, including the name and factory number of such vehicle,etc.

 

[PrinceCharming]

Guess you need to prove you that you have not been operating the vehicle? Will let the others respond but here's the NY law., since I had nothing better else to do;


§ 401. Registration of motor vehicles; fees; renewals. 1. Registration
by owners. a. No motor vehicle shall be operated or driven upon the
public highways of this state without first being registered in
accordance with the provisions of this article, except as otherwise
expressly provided in this chapter.
b. Every owner of a motor vehicle which shall be operated or driven
upon the public highways of this state shall, except as otherwise
expressly provided, cause to be presented, by mail or otherwise, to the
office or a branch office of the commissioner, or to any agent of the
commissioner, constituted as provided in this chapter, an application
for registration addressed to the commissioner, and on a blank to be
prepared under the direction of and furnished by the commissioner for
that purpose, containing: (a) a brief description of the motor vehicle
to be registered, including the name and factory number of such vehicle,etc.

I don't think so. It is the obligation of the accuser to bring the proof, not the defendent. In this case the proof the accuser is bringing is the officer's written testimony AKA a ticket. However, if the ticket was issued in the driveway (which means the address shown on the ticket is the address of the owner's house) then the ticket may not be enough evidence unless it is stated (which I highly doubt) somewhere in NY laws that it is illegal to own a car unregistered even on a non-public highway.

 

[moburkes]

What does being pregnant have to do with this?

 

[HomeGuru]

What does being pregnant have to do with this?

**A: it's a defense of course.

 

[moburkes]

**A: it's a defense of course.

That's what I figured.

 

[HomeGuru]

That's what I figured.

**A: yup and if they're twins you have a double defense.

 

[>Charlotte<]

I think she's using the late term pregnancy as evidence that the car wasn't being driven. I recently heard pregnant women aren't allowed to fly if they're close to the due date (I have no idea if that's true) but I've never heard they couldn't drive.

 

[moburkes]

I think she's using the late term pregnancy as evidence that the car wasn't being driven. I recently heard pregnant women aren't allowed to fly if they're close to the due date (I have no idea if that's true) but I've never heard they couldn't drive.

I drove up until the day I went into labor. Nope, won't cut it.

 

[Indiana Filer]

I drove up until the day I went into labor. Nope, won't cut it.

I drove myself to the hospital when I had #1 child since DH was out of town.