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Traffic ticket dispute

JasconiusJasconius sword criminalmad onlineRegistered User regular
edited June 2007 in Help / Advice Forum
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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Posts

  • SentrySentry Registered User regular
    edited May 2007
    Jasconius wrote: »
    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.

    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.

    Sentry on
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  • GlaealGlaeal Registered User regular
    edited May 2007
    If that's the wording on the actual ticket, she's probably wrong.

    Try calling a police station and talking to an officer.

    Glaeal on
  • JasconiusJasconius sword criminal mad onlineRegistered User regular
    edited May 2007
    They didn't give me one. Apparently I need to set one manually, but the wording of it is that I wouldn't need to set a court date.

    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.

    Jasconius on
    this is a discord of mostly PA people interested in fighting games: https://discord.gg/DZWa97d5rz

    we also talk about other random shit and clown upon each other
  • ThanatosThanatos Registered User regular
    edited May 2007
    You talked to the dumbest person in the building.

    Call back, if you get her again, ask for someone else.

    Thanatos on
  • SentrySentry Registered User regular
    edited May 2007
    Yeah, the Sim City court system is a joke.

    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.

    Sentry on
    [SIGPIC][/SIGPIC]
    wrote:
    When I was a little kid, I always pretended I was the hero,' Skip said.
    'Fuck yeah, me too. What little kid ever pretended to be part of the lynch-mob?'
  • FristleFristle Registered User regular
    edited May 2007
    Out of curiosity, which state's laws are you citing? Around here the cops are really zealous about those stupid stickers and I'm going to court for the second time over this issue. In my case I was ticketed for a registration which expired while the car was in the shop for a lengthy period of time. The registration couldn't be renewed until I got the car back, but the day after I got it out of the shop, a cop came to my house while I was sleeping and slapped a fine on my window for having expired tags.

    Fristle on
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  • ThanatosThanatos Registered User regular
    edited May 2007
    Also, make sure you're talking to an actual clerk of the court, and not some dumb bitch administrative assistant who's too big for her britches.

    Thanatos on
  • JasconiusJasconius sword criminal mad onlineRegistered User regular
    edited May 2007
    It's in Florida.. the ticket was issued by FHP, the state Highway patrol, but the ticket is for my county, not the state... so I guess there is some language barrier there with the tickets.

    Jasconius on
    this is a discord of mostly PA people interested in fighting games: https://discord.gg/DZWa97d5rz

    we also talk about other random shit and clown upon each other
  • ThanatosThanatos Registered User regular
    edited May 2007
    Jasconius wrote: »
    It's in Florida.. the ticket was issued by FHP, the state Highway patrol, but the ticket is for my county, not the state... so I guess there is some language barrier there with the tickets.
    There should be someone in that building who knows how to process that ticket. If there isn't, call the local FHP office, and they should be able to help you clear it up.

    Thanatos on
  • JasconiusJasconius sword criminal mad onlineRegistered User regular
    edited June 2007
    Update.

    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.

    Jasconius on
    this is a discord of mostly PA people interested in fighting games: https://discord.gg/DZWa97d5rz

    we also talk about other random shit and clown upon each other
  • wunderbarwunderbar What Have I Done? Registered User regular
    edited June 2007
    Nah, the moral of the story is: register your vehicle on time.

    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.

    wunderbar on
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  • Ashaman42Ashaman42 Registered User regular
    edited June 2007
    wunderbar wrote: »
    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.

    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.

    Ashaman42 on
  • RaggaholicRaggaholic Registered User regular
    edited June 2007
    Glaeal wrote: »
    Try calling a police station and talking to an officer.
    Do NOT do this. Instead, call the prosecutor's/DA's office and speak with somewhere there. Depending on how fast their process is, there should already be an attorney who's going to handle your case.

    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.

    Raggaholic on
  • JasconiusJasconius sword criminal mad onlineRegistered User regular
    edited June 2007
    Normally the tag would have been updated but I literally just got done moving to a new place. My move in day was my birthday, when the tag officially expired... so maybe I had other things on my mind.

    The FHP guy knew that too (luckily he didn't hit me for not updated my liscence in time).

    Jasconius on
    this is a discord of mostly PA people interested in fighting games: https://discord.gg/DZWa97d5rz

    we also talk about other random shit and clown upon each other
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