Q: Inspection Ticket
I had bought my car in NY on 9/20/2016 but had it registered in NJ and obviously have NJ plates. The car was inspected in NY and good until 9/30/2017. The cop gave me a ticket and says it needs to be inspected in NJ if I have NJ plates. He gives me a $130 ticket (no points). It turns out my car didn't have to be inspected as I got a free sticker as my car is so new.
My question is can I fight this inspection ticket? The violation is 39 8-1 "Failure to Inspect". I didn't have to be inspected as my car was young enough to have that waived and I didn't have to pay NJ anything for the free sticker. I wasn't putting the environment or anyone else on the road in danger by not having a NJ inspection sticker and I didn't owe the NJ government money (as they gave me a free sticker). Can I fight this?
A: That is a really good analysis and issue presentation. I would say that you could really try that argument, but it is one that the prosecutor will not be able to recommend to the court and will have to be heard by the judge. Before you take that route, you had better review the legislative intent behind the cited statute and see if it gives leeway or discusses your particular situation.
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