NY Registration expiration ticket, help ?!

[ZionsWrath]

So basically I got a ticket on the date my registration says it expires. I thought that meant I had until the end of the day to put my new sticker.

I am mad because I had the new sticker and was going to put it before going to work went outside to a ticket.

The ticket says registration expires 2/7/2014 and the ticket date is 2/7/2014. For my entire short 25 years of life I always thought expiration dates were good until the end of the day (midnight) of the listed date. Hell, even the last day to file taxes is 4/15 and if you postmark 4/15 you aren't late.

I read the registration law and can't find anything specific. The closest help I have is that if your registration expires on a weekend you have until midnight of the next weekday to renew. In my opinion this proves my point.

http://codes.lp.findlaw.com/nycode/VAT/IV/14/401

Please help. I haven't been able to find anything definitive online so if I still can't I'll just plead not guilty and see what happens.

[muffinz]

Plead not guilty. That's a bogus ticket.

[tomaszjanczak]

You are absolutely right, the sticker is valid until midnight of that day. The only proof you need is that even 11:59pm is still the same day. I know that the inspection sticker is valid until midnight of the last day of the month so either way, it can't be different for the registration.

[ntron1]

How much is the ticket? Will it cost you more to fight it with a day off work etc.? In principle you are correct and it is not valid but for me, it would have to be $200+ to even think of fighting it.

[bedabi]

It'll depend on where you've been summonsed to appear. It it's a smaller town court you can probably write to the local prosecutor and provide a copy of your registration card that shows the expiration date and a copy of your new registration card or receipt showing that you renewed right away. You have a good chance that the prosecutor will dismiss the case. If it's a city court, especially those kangaroo DMV courts in NYC then you'll have to appear in person. Chances are not so good there.

[rick s]

Originally Posted by ntron1

How much is the ticket? Will it cost you more to fight it with a day off work etc.? In principle you are correct and it is not valid but for me, it would have to be $200+ to even think of fighting it.

This is true but personally I get into the principle of the thing. A bogus ticket is a bogus ticket and they should not expect you to roll over and just pay the fine! Take a vacation day and drag the officer to court or just stop complaining and pay the fine. Your choice.

[Venator]

This information is intended to be used for general information and does not constitute any legal advice.

VAT – Vehicle & Traffic, Article 14 – Registration of Motor Vehicles, 401 – Registration of motor vehicles; fees; renewals.
http://public.leginfo.state.ny.us/LA...4+&TARGET=VIEW

This statute applies to “Every owner of a motor vehicle which shall be operated or driven upon the public highways of this state….”

4. Carrying certificate of registration. Any magistrate, motor vehicle inspector, peace officer, acting pursuant to his special duties, or police officer may request that the operator of any motor vehicle produce for inspection the certificate of registration for such vehicle and such operator shall furnish to such magistrate, inspector, peace officer or police officer any information necessary for the identification of such vehicle and its owner, and all information required concerning his license to operate, if he is required by law to have such a license, and shall, if required, sign his name in the presence of such magistrate, inspector, peace officer or police officer as a further means of identification.
****
If a vehicle does not have affixed a validating sticker which indicates the plate number, the vehicle identification number and the expiration date of the registration, the failure to produce the certificate of registration, or a photostatic copy of such certificate, shall be presumptive evidence of operating a motor vehicle or trailer which is not registered as required by this article.

5. Times for registration, reregistration and renewal; proportionate fees. a. Registrations, reregistrations and renewals shall take effect and expire on dates determined by the commissioner. However, where the expiration date of the registration of any vehicle, except a taxi or an omnibus, falls on a Saturday, Sunday or state holiday, such registration shall be valid for the operation of such vehicle until midnight of the next day on which state offices shall be open for business. Provided, however, that renewal of a registration may be used preceding the expiration date of such registration including such expiration date.

1806 – Plea of not guilty by a defendant charged with a traffic infraction.
http://public.leginfo.state.ny.us/LA...4+&TARGET=VIEW

In addition to appearing personally to enter a plea of not guilty to a violation of any provision of the tax law or the transportation law regulating traffic, or to a traffic infraction for the violation of any of the provisions of the vehicle and traffic law or of any local law, ordinance, order, rule or regulation relating to the operation of motor vehicles or motorcycles, a defendant may enter a plea of not guilty by mailing to the court of appropriate jurisdiction the ticket making the charge and a signed statement indicating such plea.
****
A few questions, where were you when you were ticketed? Were you parked (non-moving) or were you driving and pulled over? Did you have any proof (receipt, etc.) to show the officer that you had purchased the new registration (see 4.)? Did you explain to the officer that you had already registered but had not put the sticker on your car?

Regardless of the above information (pertaining to registration of vehicles), precedent shows that a registration of a vehicle expires at midnight of the issued date. People v. Breckenridge, 190 N.Y.S.2d 122 (1959).

“"A number of days specified as a period from a certain day within which or after or before which an act is authorized or required to be done means such number of calendar days exclusive of the calendar day from which the reckoning is made * * * In computing any specified period of time from a specified event, the day upon which the event happens is deemed the day from which the reckoning is made. The day from which any specified period is reckoned shall be excluded in making the reckoning." (General Construction Law, § 20; Ekas v. City Cab Co. of Jamestown, 203 Misc. 730; Stella v. James J. Farley Assn., 2104 Misc. 998.)
Since a "day" consists of 24 hours from midnight to midnight and the law disregards fractions, it is obvious that defendant's permit did not, as a matter of law, expire until midnight on June 13.”
People v. Breckenridge, 190 N.Y.S.2d 122 (1959).

Laws of New York, GCN – General Construction, Article 2 – Meaning of Terms, Section 20 – Day, computation.
http://public.leginfo.state.ny.us/LA...8+&TARGET=VIEW

Short answer: The ticket seems invalid and you might want to respond "not guilty" and attach a copy of your receipt (or whatever proof you have that you had purchased the valid registration).

[Foobar]

I thought new car registrations in NYS were for 2 years? Did you buy your car used or something?

[encity5]

You had the new sticker meaning your car was registered at the time of the offense? Just the sticker wasn't on?

Isn't that a fix it ticket, I remember a while ago I just brought in my ticket to the dmv and showed them my car was registered and they immediately dismissed the ticket

If the ticket says "registration expired" but your registration wasn't expired then yea fight the ticket because you have clear proof of your car being registered on date of the offense.

If your ticket says something like "failure to display registration sticker" or something then it might be different

[ZionsWrath]

The ticket says Registration Violations - Reg expired 2/7/14 and the ticket is dated 2/7/2014 6:02 PM.

Guess I will send it not guilty

FYI this isn't my BRZ

[Silver Ignition]

In what jurisdiction is the ticket issued? I'd mail it back not guilty with whatever proof you have that it was valid at the time. Also include a letter stating that it is the police department's burden of proof and ask that they reply with any proof of a crime committed they have so that it can be looked over. They'll dismiss it.

[ZionsWrath]

Yonkers

[Silver Ignition]

Originally Posted by ZionsWrath

Yonkers

Yeah mail it in not guilty with your proof and that letter. You'll be set.

[frs10]

just photocopy the new reg. and mail it in with a "not guilty" plea... ur good to go.