Q: DMV gave me new plates but they were registered to my old car, now I have $190 ticket, I'm contesting, will I win?
I got pulled over because an officer ran my plates and they were registered to my prior vehicle (unknowingly to me). No other offenses were commited. I received a warning after a very long interrogation by the officer who thought I had stolen a car. The same thing happened a month later and this time I received a ticket in the mail. I was a less than quick to straighten the issue out due to the extra money that I would have to pay for a new set of plates-this was DMV error, why should I have to pay? My old car was totaled out. When I went to register my new car I brought the title (I owned the car outright, with no lein), as well as proof that my other car was totaled, and they still registered the plates to my old car somwhow, causing a MV fraud citation? I did go to DMV and took care of the issue that day. However it has been a month and I received a ticket that I believe I have right to contest right? Do I have a good chance of winning? Will this affect my driving record
A:
First, a driving offense will not be "certified as a driving-related conviction" by the Minnesota District Court, unless there is a conviction first. A conviction could result either from paying the fine by mail or otherwise, a guilty plea in court, or a guilty verdict after a trial.
Based on the facts you present here, if you can sufficiently prove them, I believe that should give rise to either of two winning defenses. First, if the Minnesota DPS made a mistake with no negligence on your part, the prosecutor should fail to persuade a judge or jury that you committed a prohibited act, and that you intended to do that act. Alternatively, it you made an unknowing mistake amount to simple negligence, the prosecutor should fail in the attempt to prove criminal intent.
As a practical matter, you may want to solve each and every problem regardless of blame or fault, related to this, now that you are aware. That will help satisfy a prosecutor and a judge that it's unlikely to happen again. Then, when you go to court on it you can show your proof to the prosecutor to see if he or she is willing to dismiss or otherwise resolve to prevent a conviction.
In general you'll do better with a lawyer's help. But with or without, hopefully the above will be helpful to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
