expired registration and insurance

[nightseek]

Hi, I recently plead not guilty at the arraignment for operating a vehicle w/o registration and insurance. I wasn't driving at the time and I want to argue that since it happened after I had it repo-ed, I can get a pass. I know it's a longshot and I do regret not just pleading guilty and getting a reduce fine with the judge. What are my chances of getting this in my favor, not considering that the officer doesn't show up.
I had it repo'ed on the 7/1/06 and the violation was on the 10th. I dunno who was driving but the sale doesn't take place til the 16th (auction) so I think it was just somebody from the towing company. Anyway my question is should I even try to fight it or do I have an angle here? I'm thinking of pleading guilty before a trial happens since I just want to get it over with. Trial is 09/19/06 and bail is on 08/30/06. Thanks.

 

[lwpat]

I fail to understand how you can be charged when you weren't driving?

 

[Michael Wechsler]

I fail to understand how you can be charged when you weren't driving?

That's a good question and a good argument but I think I see a possible connection.
He says "operating" a vehicle was the offense, which doesn't necessarily mean he had to be driving. If the vehicle is in operation, in this case loaned to another, this could fall under the definition of "operating" the vehicle. Nightseek - you should should check out the definition of "operating" before going to court and seeing whether his actions would not fall under the violation claimed in the ticket. Can you provide us with the state and code violated (better yet, the text of the offense?)

 

[CdwJava]

Many (most/all?) states have "owner responsibility" statutes covering equipment, registration, and insurance matters on vehicles so that it does not become the responsibility of the cited party to come up with registration and insurance if the owner refuses to do so.

- Carl