In New York, driving a motor vehicle with a suspended or revoked registration, or while the privilege to register a vehicle is withdrawn, suspended, revoked or halted is a misdemeanor. Driving with a revoked or suspended registration is codified at Vehicle and Traffic Law 512. The maximum penalty of driving with a suspended or revoked registration is a $100.00 fine and 30 days in jail for the first offense, $200.00 and 90 days in jail for the second offense, and for the third offense the maximum penalty is a $500.00 fine and 180 days in jail.
If you or someone you know has is facing charges for operating a motor vehicle with a suspended or revoked registration call our experienced New York traffic lawyers today. Our experienced New York traffic lawyers will fight your case and achieve the best possible outcome. Call us today.
There are a number of defenses that can be introduced to help fight charges, or negotiation tactics to plea down Vehicle and Traffic Law 512 charges, but, it is important to hire an experienced traffic lawyer to present your defense.
If one is charged with a violation of Vehicle and Traffic Law 512 it may be possible to negotiate a favorable plea bargain with the prosecutor to a lesser charge. Two of these lesser charges are driving without first registering the vehicle and failing to provide the registration document to the police when pulled over. Prosecutors are often amenable to plea bargaining to these lesser charges because the lesser charges meet the goal of punishing the proscribed conduct, and the prosecutors can save themselves time.
Suppose a person is charged with driving with a suspended or revoked registration for failing to pay their parking fines, but, they did not have any notice that their registration was revoked for failing to pay those fines, can that person still be found guilty of violating Vehicle and Traffic Law 512? Not knowing that one’s registration is suspended is a defense to the charge. Proof of notice is a required element of Vehicle and Traffic Law 512. Accordingly, charging instruments must describe why the police believe that the defendant had notice of the fact that their registration was suspended or revoked, and such charges are vulnerable to motions to dismiss based upon the testimony of the defendant. On the other hand, the prosecutor can easily introduce evidence that the defendant was mailed the notice of suspension or revocation that is required by the law. The prosecutor will also need to provide proof of mailing, there is no presumption that the letters are mailed regularly. The address of mailing must be the defendant’s actual and correct address.
There have been serious issues with keeping records of registration suspensions for outstanding fees and parking tickets. It should be suggested to the reader that whenever one pays a fee for a parking ticket or fine, that person should always hold on to the receipt. Such receipts can be intruded to prove that fines were paid and there was no notice of the fact that the registration on a particular vehicle was rescinded. If you have been accused of driving with a withdrawn or rescinded registration and you are unsure of how to fight your case, call our experienced traffic lawyers today.
The experienced New York traffic lawyers at Tilem & Associates can help you fight your case and protect your rights. We may be able to help your get your charges reduced or dropped. Call us today for a free consultation.