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ticket for expired tags in condo lot
Posted by: mmmm ()
Date: August 14, 2012 11:11PM

I got a ticket for code 82-5-26 that I'm thinking of contesting. I tried to get the registration/inspection taken care of at the end of the month before I left the country, but the emissions inspection threw me a curve ball--first time I've ever needed one, and I couldn't renew the registration without it. Needless to say, then I left the country for a couple of weeks, came back, got the emissions inspection done, ordered a new registration. Three days later, I had a nice ticket on the windshield, on my car in our condo parking lot (PRVT PROP LETTER ON FILE noted). If I had been driving I would have shown him my receipt. Anyone contested a ticket like this? What are my chances these days if I go to court?

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Re: ticket for expired tags in condo lot
Posted by: the way it is. ()
Date: August 14, 2012 11:34PM

This area will fuck you any chance it can get. If you have the time argue your point, do it.

If not, pay the fucking fine and chalk it up to living in this shit hole.

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Re: ticket for expired tags in condo lot
Posted by: Enigma ()
Date: August 14, 2012 11:49PM

Go to court on the date. Since you really were registered on the books, you will absolutely win. Be sure to say Not Guilty and simply bring your receipt and the registration info and the judge will dismiss you. All you'll waste is a couple hours but you'll pay nothing, not even court costs.

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Re: ticket for expired tags in condo lot
Posted by: justsayin ()
Date: August 15, 2012 07:17AM

When you renewed online you had a chance to print a temporary registration, I would show that if you have it or your receipt showing you paid before the ticket was written and you should do fine.

What I don't get is if the cop ran your plates they should have shown your registration was good, which means the officer was either being lazy or being a jerk. No one should be expected to leave a document with their name and other personal info on the dash in case some officer comes wandering by.

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Re: ticket for expired tags in condo lot
Posted by: Enigma ()
Date: August 15, 2012 08:41AM

Well there's also the fact that he can't give a ticket for registration for a car parked at his residence! Now the condo association can actually have a say about unregistered cars (keeps the beaters and junk away) but a cop can't even give that ticket legally. He has no idea if you drive it or what its deal is since it's parked at your residence. For example, what if you had a racetrack-only car that doesn't even need tags or inspection at all--absolutely allowed to park a trailer-only car on your residence too.

Just another reason you will 100% get it thrown out if you go to court. This cop was low on his quota or something and was just being a total douche. But he apparently also doesn't know the law.

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Re: ticket for expired tags in condo lot
Posted by: Ralph Pootawn ()
Date: August 15, 2012 09:53AM

If you live in a condo comm., the HOA will specifically say "no cars with dead tags, registration, etc"

ignorance is not an excuse

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Re: ticket for expired tags in condo lot
Posted by: justsayin ()
Date: August 15, 2012 10:25AM

Enigma Wrote:
-------------------------------------------------------
> Well there's also the fact that he can't give a
> ticket for registration for a car parked at his
> residence!


HOA community parking and condo parking may be private property, but it isn't the driver's private property. Read the all-caps portion of the original post, that means the cops can ticket there.

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Re: ticket for expired tags in condo lot
Posted by: jphiggins ()
Date: August 15, 2012 10:37AM

The HOA can give the police authority to ticket on the property.

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Re: ticket for expired tags in condo lot
Posted by: Enigma ()
Date: August 15, 2012 11:39AM

Uh no they can't. They can have the car towed, but they can't have police ticket for something they have no legal right to ticket.

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Re: ticket for expired tags in condo lot
Posted by: Ralph Pootawn ()
Date: August 15, 2012 11:42AM

Enigma Wrote:
-------------------------------------------------------
> Uh no they can't. They can have the car towed, but
> they can't have police ticket for something they
> have no legal right to ticket.


Since when do the police not have the right to ticket a vehicle for dead inspection/registration?

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Re: ticket for expired tags in condo lot
Posted by: Enigma ()
Date: August 15, 2012 12:54PM

Ralph Pootawn Wrote:
-------------------------------------------------------
> Enigma Wrote:
> --------------------------------------------------
> -----
> > Uh no they can't. They can have the car towed,
> but
> > they can't have police ticket for something
> they
> > have no legal right to ticket.
>
>
> Since when do the police not have the right to
> ticket a vehicle for dead inspection/registration?


Since ever, if it's on your residence. It doesn't matter if it's a house, condo or appt. You cannot ticket/fine a vehicle on your residence for any vehicle violation. Now can it be towed due to the residences policy? Yes. Now if they saw the car at a place where they knew it had to be drievn like a parking lot at a store, that's different. You need to check the law. Registration is ONLY for driving on public roads (or if the car is in a location where it obviously had to be driven and cannot be legally removed).


And just so every knows I'm not full of crap, here's the actual VA code:

ยง 46.2-600. Owner to secure registration and certificate of title or certificate of ownership.

Except as otherwise provided in this chapter every person who owns a motor vehicle, trailer or semitrailer, or his authorized attorney-in-fact, shall, before it is operated on any highway in the Commonwealth, register with the Department and obtain from the Department the registration card and certificate of title for the vehicle.


Ready for the nail in the coffin! Here is the actual title of the Fairfax code the officer cited: Section 82-5-26. - Parking vehicles without proper license and registration on highways. "ON HIGHWAYS"

It's right in the stinkin law title: http://library.municode.com/HTML/10051/level3/FACOCO_CH82MOVETR_ART5STSTPA.html#FACOCO_CH82MOVETR_ART5STSTPA_S82-5-26PAVEWIPRLIREHI


And for additional reference: http://www.thenewspaper.com/news/15/1553.asp

Trust me... the officer was an ignorant douche and the judge should scold this n00b. This is open and shut case... ..go to court. you win. period.



Edited 1 time(s). Last edit at 08/15/2012 01:11PM by Enigma.

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Re: ticket for expired tags in condo lot
Posted by: vgnlinfxn ()
Date: August 15, 2012 12:58PM

If you have a plate and it expires, you can get a ticket regardless of where it is. If you don't have a plate and it's in your driveway, no ticket.

Using a racecar as an example is comparing two different things.

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Re: ticket for expired tags in condo lot
Posted by: Enigma ()
Date: August 15, 2012 01:15PM

vgnlinfxn Wrote:
-------------------------------------------------------
> If you have a plate and it expires, you can get a
> ticket regardless of where it is. If you don't
> have a plate and it's in your driveway, no
> ticket.
>
> Using a racecar as an example is comparing two
> different things.


No it's not, and you don't know what you're talking about. Read my above post. If anyone can argue against the actual title of that Fairfax code, please go right ahead and try. Private parking--open and shut (unless the officer saw you drive it there).

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Re: ticket for expired tags in condo lot
Posted by: justsayin ()
Date: August 15, 2012 01:24PM

Enigma Wrote:
-------------------------------------------------------
> Ready for the nail in the coffin! Here is the
> actual title of the Fairfax code the officer
> cited: Section 82-5-26. - Parking vehicles
> without proper license and registration on
> highways. "ON HIGHWAYS"
>
> It's right in the stinkin law title:
> http://library.municode.com/HTML/10051/level3/FACO
> CO_CH82MOVETR_ART5STSTPA.html#FACOCO_CH82MOVETR_AR
> T5STSTPA_S82-5-26PAVEWIPRLIREHI

Spare the outrage, you still have no idea what you are talking about. The definition of a highway in Virginia law is something you should look into before pretending to be smart about what you are linking. If a car is parked in Virginia without being properly licensed and registered to operate on roads in the state then it falls under this charge.

edit: "on highways" doesn't mean the car is parked on a highway. You aren't reading the sentence correctly and that interpretation is ridiculous.


http://leg1.state.va.us/000/cod/46.2-100.HTM

"Highway" means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated "highways" by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth.



Edited 1 time(s). Last edit at 08/15/2012 01:25PM by justsayin.

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Re: ticket for expired tags in condo lot
Posted by: hahawhut ()
Date: August 15, 2012 01:36PM

Enigma Wrote:
-------------------------------------------------------
> There's this cool new thing, it's all the rage
> with the kids... it's call GOOGLE.

ORLY try this dummy http://lmgtfy.com/?q=virginia+highway+definition

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Re: ticket for expired tags in condo lot
Posted by: Gordon Blvd ()
Date: August 15, 2012 01:47PM

@OP - just go to court and show the judge yr paperwork - its no big deal.

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Re: ticket for expired tags in condo lot
Posted by: I swear ()
Date: August 15, 2012 01:50PM

I swear I remember reading once that the only motor vehicle violations you can get on private property are DUI and Reckless driving.

For example, you can not get a 'failure to obey' ticket for rolling a stop sign in the Giant parking lot. Privately installed signs and devices to control traffic on private property do not meet the federally mandated guidelines of a highway or traffic control device.

My gut says the law is with you on your case, too.

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Re: ticket for expired tags in condo lot
Posted by: @ i swear ()
Date: August 15, 2012 02:10PM

i think you are confusing private - residential property, with "private" publicly accessible property.

the giant parking lot is private, but its accessible to anybody, at any time. unlike private residential property in which only the owners have "legal" access to it.

if one drives like a douche on their 5 acres in manasshole, they only endanger themselves. if somebody decides to do 50 mph across the giant parking lot, theyre putting others in danger, and johnny law will ticket them in a heart beat if they saw that.

the enforcement of parking lot "speed limits" and "stop signs", that i dont know, but i would imagine if they cannot be legally enforced, i.e. ticketed for failure to obey a highway sign, if a cop saw a driver blow through a stop sign in front of another car, i'm sure there a few other citations he could write.

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Re: ticket for expired tags in condo lot
Posted by: Jenny M ()
Date: August 15, 2012 02:15PM

Good luck OP - we had one parked and got a ticket for expired plates/failure to display. The tags had been renewed through the internet, came in the mail and I just threw them on the seat to put on the next day after I scraped off the old year sticker. Went to court and the ticket was upheld. It would just have been cheaper and easier to pay the darn thing. The county is hurting for money and has been ticketing vehicles in residental neighborhoods for parking to close to a driveway, parking to close to a corner, or stop sign, etc. When ever they get hard up for money they go after whatever they can get, usually parked cars.

BTW, we tried parking in the side yard to avoid the parking too close to the driveway ticket and got ticketed for parking on grass. This was on our own property.

Again, good luck OP.

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Re: ticket for expired tags in condo lot
Posted by: justsayin ()
Date: August 15, 2012 02:15PM

@ i swear Wrote:
-------------------------------------------------------
> i think you are confusing private - residential
> property, with "private" publicly accessible
> property.
>
> the giant parking lot is private, but its
> accessible to anybody, at any time. unlike
> private residential property in which only the
> owners have "legal" access to it.

This is a good read which speaks to the above:

http://www.courts.state.va.us/opinions/opncavtx/1033963.txt

"the Supreme Court of Virginia had consistently ruled that the word "highway," as statutorily defined in Code 46.2-100, was not limited to public roads. ...In unambiguous language, the Court has ruled that the definition of "highway" includes "ways on private property that are open to public use for vehicular travel."

If the officer was able to easily drive onto the parking lot, it was open for vehicular travel for anyone that chose to do so.

But I'm with Gordon Blvd, this "highways" argument is fun and all but it's not something to take to the judge if the charge itself was the car wasn't registered when there is proof it was. It's like taking effort to call a tow truck to move a car down the street when you have the keys to just drive it there.

Hopefully you'll pull a a judge that will let it go and not fixate on the "display" issue. I think it is worth it to try, good luck.



Edited 1 time(s). Last edit at 08/15/2012 02:22PM by justsayin.

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Re: ticket for expired tags in condo lot
Posted by: I Swear ()
Date: August 15, 2012 02:38PM

@ justsayin -

Valid point about the ambiguous language. "ways on private property that are open to public use for vehicular travel."

We would need a legal definition of 'ways' to understand the legal definition of 'highway'

I would think a 'way' is a through-way or driving area, not a parking place. but who am I anyhow? Regardless of the definition of 'way' I wouldnt think that a condo parking lot is "open to public use" meaning it is only open to residents, people with parking permits, guests and employees.

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Re: ticket for expired tags in condo lot
Posted by: 113 ()
Date: August 15, 2012 03:02PM

Enigma Wrote:
-------------------------------------------------------
> vgnlinfxn Wrote:
> --------------------------------------------------
> -----
> > If you have a plate and it expires, you can get
> a
> > ticket regardless of where it is. If you don't
> > have a plate and it's in your driveway, no
> > ticket.
>
>
> No it's not, and you don't know what you're
> talking about. Read my above post. If anyone can
> argue against the actual title of that Fairfax
> code, please go right ahead and try. Private
> parking--open and shut (unless the officer saw you
> drive it there).

As somebody who has had issues with this in the past and been to court over it, I can tell you that you don't know what you are talking about. Put a car cover or a tarp over the car and can't be ticketed since the cop would have to lift the cover to see the expired tags. But if it is parked in plain view then you are fucked. In the judges words, "if they can see it, they can cite it."

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Re: ticket for expired tags in condo lot
Posted by: 113 ()
Date: August 15, 2012 03:13PM

I Swear Wrote:
-------------------------------------------------------
> I would think a 'way' is a through-way or driving
> area, not a parking place. but who am I anyhow?
> Regardless of the definition of 'way' I wouldnt
> think that a condo parking lot is "open to public
> use" meaning it is only open to residents, people
> with parking permits, guests and employees.


Back in the days of county stickers I had a car cited when it was parked in the private driveway of a single family home. The expired sticker was visible from the road and there was no gate on the driveway

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Re: ticket for expired tags in condo lot
Posted by: Shirley ()
Date: July 25, 2015 07:15PM

Can you please tell me whether I should fight a ticket I received in a public Metro lot (where I paid $5 to park there), for having my old tag year sticker?

I had renewed the tags but the new stickers were on the front seat, not on the tags where they were supposed to be. Thanks.

Invalid/No State Inspection (82-5-26(B))

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Re: ticket for expired tags in condo lot
Posted by: Officer McGruff ()
Date: July 25, 2015 07:38PM

You'll lose. You knew the tags were due for new stickers, you had the stickers and just couldn't bother to put them on. You even say they weren't "where they're supposed to be".

They're not designed for the front seat, they're designed for the tags.

Pay up.

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Re: ticket for expired tags in condo lot
Posted by: ???? ()
Date: July 26, 2015 12:47AM

Shirley Wrote:
-------------------------------------------------------
> Can you please tell me whether I should fight a
> ticket I received in a public Metro lot (where I
> paid $5 to park there), for having my old tag year
> sticker?
>
> I had renewed the tags but the new stickers were
> on the front seat, not on the tags where they were
> supposed to be. Thanks.
>
> Invalid/No State Inspection (82-5-26(B))


State Inspection has nothing to do with your license plates. State inspection is the sticker on the front window. If this was up to date and they wrote you for that code section then ..yes you should go to court. Take the pink inspection sheet with you to court to prove the date of inspection.

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