[JohnBarleycorn]

Had a guy yesterday driving his mothers car with expired plates (EXP since 01/03). Checked his KQ and found this was his third offense. Not to mention Springfield PD grabbed him the day before in his own car which was also expired. :roll:

Based on that I wrote the V for 90/9 Unregistered MV (Subsequent Offense) and hit him for $1000. :innocent:

Got a call from station today and was told I should have written the $100 and let the court decide if they wanted to hit him for the $1000. :thumbdow: But if I did that it still would have been a CMVI not a Criminal Application. Should I have criminal app'd him?

I know one of the troopers will know this one. [-o<

 

[Irish Wampanoag]

If the motor vehicle was unregistered for that long of time I would tend to think but I am not sure that the insurance would drop their policy making it an uninsured MV were you can charge the owner as well as the operator with 90/34J(uninsured MV, operation of criminal complaint.

 

[PATS246]

My dept. used to have an unwritten rule that if they are unregistered, then you would criminal app them for 90/34J also. That has since been changed to each officers discretion. Most of the MVs I have stopped and charged w/ 90/9 and 90/34J. 9 out of 10 times they end up bringing in some documentation after the fact that thier vehicle is insured. One school of thought is to let the courts settle it and burden of proof for them to show that it is insured. Unless it is an out of state MV or it has been expired for some extended length of time I won't charge them with 90/34J. Now I would just cite for 90/9 unless I believe that it is not insured. To save me paperwork and to save the court some room. That's just me anyways. Sometimes if the reg recently exprired the insurance is still active. I guess it comes down to officer discretion in the end.

 

[PATS246]

P.S. If the insurance comapany had dropped thier insurance and notified the RMV then I would tend to think that the reg would come back REVO/INSC

 

[JohnBarleycorn]

Just Expired in this case. As far as we could tell the insurance was fine.

 

[PATS246]

I would just have written the $100 for the 90/9. And let the registry deal with him after that point. Its only a CMVI.

 

[JohnBarleycorn]

Thanks D.W.

Cite is now voided, new one in the mail. My bad.

 

[PATS246]

do. :lol: :lol: :lol:

 

[cjm74]

Are u kidding me!! [-X :G: He wouldn't know what to do!! ](*,) ](*,) Oh wait he'd have one of his officers someone drive the vehicle to the parties home ](*,) Dumb ass

 

[PATS246]

Whats the matter cjm, you can't return my phone calls :lol: I'm on tonight. Oh and by the way I always contact EMC for any law questions.. don't you? :/

 

[PATS246]

Hey JohnBarleycorn, why you busting the kids balls? Was he a college student? It probably wasn't his fault that the car was unregistered. It was probably the registry's fault or your fault. Most of the time I stop someone and they are doing something committing a violation of the law or thier mv is not properly registered it isn't their fault...at least thats what they tell me.

Just kiddin' with ya...

 

[JohnBarleycorn]

Wasnt a big deal. It was the three page KQ for a nineteen yr old kid. It seemed fitting. I just didn't like hearing that I screwed it up from my Sgt.

 

[PATS246]

I didn't know that you guys did chapter 90 over there. Thats a plus!

 

[JohnBarleycorn]

Yeah right! PT job in small muni dept.

 

[j809]

Barley,

I gigged a kid for the same one year, third time same year unregistered. In order to make the fine $1000, it has to be subsequent offense within a 12 month period of the last one. However, I never heard the end of it, jimmy wrote the $1000 ticket, pain in the ass. However it is not up to the court to raise the fine, it's a CMVI and you write it as a $1000 and its up to the court to reduce it. I'll never gig them for a $1000 again. A person that is revoked/uninsured/suspended license and unregistered might pay $500 altogether in court.

 

[JohnBarleycorn]

That is exactly what I was looking for and how I feel after this mini-fiasco. Had to go in on day off to VOID the V and issue a new one. Thanks bud.