CHP/LEO question

[chico.cm]

So my Dad has been letting me use one of his trucks that is registered in NV and fully insured.

I got pulled over by a CHP the other day and ticketed because:
A- the plate had expired and neither my Dad nor I realized it.
B- out of state plates.

The officer said that it had to be registered in CA. I tried to explain that it wasn't my truck, therefore could not register it in CA. He was polite, but said that I could explain that in court.

My question is: when I go to court on this, can I expect that the judge will be reasonable about the out-of-state registration?

[JoeFaz]

www.dmv.ca.gov should be able to answer your question about out of state plates and the time frame for registering them in Ca. I think it is 30 days, but not positive. There are a few exceptions, such as military service, attending college, etc. But generally you can not keep a car in Ca. reg'd in another state past a certain length of time. As for the expired reg, you'll have to bite the bullet on that.

[JS89]

It doesn't matter if the owner of the vehicle lives out of state and you are borrowing it in state. Since its primarily driven by you in California you ARE required by law to have it registered in the state. As mentioned above there are exceptions to this rule, however; your situation doesn't warrant an exception.

[fullrearview]

We have this issue all the time... Family member "owns" vehicle and "lives" in Nevada while they are only borrowing it... I know that is your case, but we have the same excuse all the time. Usually, we give them a waring and 30 days later, they get a ticket no matter what.

[Linh]

My question is: when I go to court on this, can I expect that the judge will be reasonable about the out-of-state registration?

Of course the judge will be reasonable in their fines, it's already preset on the amounts on dmv.



When fees are due

Fees must be paid within 20 days of entry or residency to avoid penalties. Any vehicle owned by a California resident must be registered within 20 days of entry into California unless a special permit was obtained. Nonresidents whose vehicles are properly registered to them in their home state or jurisdiction may operate their vehicles in California until they:

Accept gainful employment in California.
Claim a homeowner's exemption in California.
Rent or lease a residence in California.
Intend to live or be located here on a permanent basis (for example, acquire a California driver license, acquire other licenses not ordinarily extended to a nonresident, registered to vote).
Enroll in an institution of higher learning as a California resident or enroll their dependents in school (K-12).

NOTE: Nonresident military personnel stationed in California or their spouses may operate their vehicles with valid out-of-state license plates from their home state or the state where the military person was last stationed.

[SVT-40]

It's going to be difficult to argue that the vehicle was legally registered in Nevada since the registration was expired. Because you have a Calif drivers license and are a family member or the registered owner "using" the vehicle you are pretty much .....

IMHO "The captain of the ship" and as such responsible for keeping the vehicle properly and lawfully registered. That means getting it and keeping it current whether in Ca or Nv.

[Spanky8601]

Of course the judge will be reasonable in their fines, it's already preset on the amounts on dmv.



When fees are due

Fees must be paid within 20 days of entry or residency to avoid penalties. Any vehicle owned by a California resident must be registered within 20 days of entry into California unless a special permit was obtained. Nonresidents whose vehicles are properly registered to them in their home state or jurisdiction may operate their vehicles in California until they:

Accept gainful employment in California.
Claim a homeowner's exemption in California.
Rent or lease a residence in California.
Intend to live or be located here on a permanent basis (for example, acquire a California driver license, acquire other licenses not ordinarily extended to a nonresident, registered to vote).
Enroll in an institution of higher learning as a California resident or enroll their dependents in school (K-12).

NOTE: Nonresident military personnel stationed in California or their spouses may operate their vehicles with valid out-of-state license plates from their home state or the state where the military person was last stationed.

This is the correct answer. Note the part about being properly registered.

[chico.cm]

Thanks for the comments.

Would I be able to expect any difference in outcome if I registered it in CA prior to my court appearance? Specifically, would the fines be less?

As for the day of entry, isn't that rather ambiguous to prove?

[Heiko]

Thanks for the comments.

Would I be able to expect any difference in outcome if I registered it in CA prior to my court appearance? Specifically, would the fines be less?

As for the day of entry, isn't that rather ambiguous to prove?

It's no guarantee but it certainly wouldn't hurt when it comes time for court and it will save you another citation later so you might as well do it. I've seen traffic court hearing officers/commissioners significantly reduce the fines for citations for not having insurance if the person comes into court with proof of current insurance. I'm talking from $800 something dollars to $100 something. So you have two good reasons for registering it.

[Bodei]

Register it, go to court, apologize and ask the judge to reduce the fine because you have no more money after paying your DMV reg.!

[Ron-Solo]

It's no guarantee but it certainly wouldn't hurt when it comes time for court and it will save you another citation later so you might as well do it. I've seen traffic court hearing officers/commissioners significantly reduce the fines for citations for not having insurance if the person comes into court with proof of current insurance. I'm talking from $800 something dollars to $100 something. So you have two good reasons for registering it.

I've seen the same thing many times...

[IrishJoe3]

So I have been unemployed since August and my Dad has been letting me use one of his trucks that is registered in NV and fully insured.

-----/snip/----

My question is: when I go to court on this, can I expect that the judge will be reasonable about the out-of-state registration?

I am going to guess that you were cited 4000(a)(1) VC, and possibly 4152.5 VC, no?

Both of those, (expired registration, and Foreign Vehicle Registration) are fix-it tickets. So...if you get the vehicle registered, get the ticket signed off, it won't cost you anything other than whatever your court charges to process the ticket. ($10-$20).

[IrishJoe3]

Foreign Vehicle Registration

4152.5. Except as provided for in subdivision (c) of Section 9553, when California registration is required of a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 20 days following the date registration became due. The application shall be deemed an original application.

And

Registration Required

4000.. (a) (1) ( ) A person shall not drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle which displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees.