Q: My girlfriend was pulled over today. She was driving with an expired NY state registration and a suspended license.
The suspension stemmed from failing to respond to two different moving violations. She received two uniform ticket reports from the NY state trooper.
1. Unregistered Motorcycle (section 4101)
2. Aggravated UNLIC OP 3rd (MISD)
She's a school teacher with ties to the community. We renewed the registration shortly after she was pulled over. We plan to resolve the previous moving violations before her appearance and am hopeful that she'll get a break and not catch the Misdemeanor charge. What I'm trying to figure out is the significance of the first charge being incorrect. She was not driving and does not own a motorcycle. Is this helpful or are we talking about a distinction without a difference?
A: If she was not riding a motorcycle than that charge should be dismissed.
A: The main problem is the Misdemeanor. Although you are technically correct and the charge should be dismissed, you might offer to plead guilty to the incorrect charge, in exchange for the Misdemeanor being dismissed.
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