I got a ticket about 3 weeks ago for an expired tag.
The tag was 8 days expired and the officer said that I would be able to simply renew the tag and avoid the fine.
So, I call the Clerk's office to verify and they are telling me that he lied, and that I have to pay the full ticket, completely disregarding the wording of the ticket and I quote
If you were charged with the violation of F.S. 320.07(3)(a) (tag or registration expired 6 months or less) you may, in lieu of payment of fine or court appearance elect to enter a plea of nolo contendere and present a valid tag or registration to the Clerk of Court. In such case, adjudication shall be withheld by the Clerk. You must pay court costs. This option is available ONLY if you HAVE NOT made this election within the last twelve months. No person may make more than three (3) elections under this provision in a lifetime.
OK. So, I HAVE NOT made a no contest plea ever, in my life, so that proviso is irrelevant in this case. The wording of this says that INSTEAD of a fine or court appearance, I can supply the proof of updated registration and the penalty will be withheld.
I read this back to the bitch on the phone and she said it was wrong, and then I asked her if she though that a state trooper lied to me, and she said yes.
So did I just talk to the dumbest person in the building, or am I missing some fine print? The tag was only 8 days expired, so this falls under the "No Contest" option in every way.
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Did you get a court date? It should be on the ticket. Just renew your registration and bring that to your court appearance. The judge should (not must, but usually they do) wave the fine.
If you didn't get a court appearance, call and demand one.
But regardless, the two times this happened to me I had to physically go to court. Also, your provision might only stretch to cover valid tags you had in your possession at the time you got the ticket, not tags that became valid afterwards.
Like, if you didn't put the tags on your car, but you had them at home.
Try calling a police station and talking to an officer.
I mean, yes I could take it to court and win, but I will miss a day of work which is more than the fucking fine in the first place.
*edit* I just went online to see if I can schedule a court date, they have that service on their web site in this county. My citation is not even in their database? Ha ha ha. Still, it was in their office computers when I called, but the apparent incompetency of these people is amusing.
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Call back, if you get her again, ask for someone else.
Kidding... I think Thanatos is right. Just keep calling back until you get the answer you want, or at least an explanation for why you can't.
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I called them back, they said they don't actually use that ticket. That only the FHP uses it and the wording is wrong. I talked to one person at length and they stated that the only way the magical "no contest" rule applies is if you get the registration updated on the DAY OF, which is bullshit considering that the ticket was issued 8 minutes before the DMV closes.
I could go to court and fight and win but the fact that I can only schedule court dates IN PERSON on a weekday during work hours, for a date that would be on a work day in work hours means that I would lose more fighting it than what the actual fine is.
The moral of the story is: Do not live in Tampa.
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I know it's a pisser. And I do think that the cops in your area are being dicks about it. 8 days is bullshit. They really should be giving you some sort of leeway on it. it's not like you've been driving for 6 months without the tags. hell, a few days ago I saw a truck with tags from 1998......199-fucking-8. And that is even worse bullshit.
But really, you gave them the oppurtunity to give you the ticket, and the cop was a dick and gave you one.
Honestly, for that reason alone I would take it to court. It really is bullshit. And any judge with any sort of decency will probably waive it.
Yeah but where do you stop that way, it's like people that get to a flight gate 1 minute late and get turned away, yeah a minute is no big deal but if you let that person go what about the next? The one who's 2 minutes late, after all, he's one 1 minute later than the guy before...
Cut-offs are there for a reason after all.
The odds are that you can get it dismissed if you simply renew it and show it in open court (or even if a deputy prosecutor saw it prior to the court date and agreed to dismiss it).
Than, if this guy is in a city/jurisdiction of 100k or more, the odds of him actually talking to THE clerk is relatively low.
The FHP guy knew that too (luckily he didn't hit me for not updated my liscence in time).
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