Montgomery County, NY - Fictitious Use of Inspection

[levelhead86]

Hi,

First time poster here, although this is my g/f's first run in with the law, so it may make sense. We got pulled over today and ticketed for "fictitious use/display of inspection." It sucked...

Mostly because the inspection we paid for legitimately, but we're the one's who got the ticket, because we can't find the receipt from the "inspection station" *it's from almost a year ago* and the place is about 2 1/2 - 3 hours from here *near my inlaw's place.* We're going to try our damndest to get the information for our court appearance so that we can settle this, but her and I were just wondering what kinda fine we can expect if we end up having to pay one? I know the officer said it is a "misdemeanor" but I'm not totally sure what that means. The violation was "NYS V&T Law, Section 306; Sub E" and I just wanted to see if we can get any useful info on this... thanks a ton!


Randall

Edit: According to info from "West Seneca, NY", the maximum fine for this violation is $300... I'm in Palatine Bridge, NY though, so don't know if that applies here?

 

[Michael Wechsler]

Hi Randall, sorry to hear about the problem. Really glad to see that someone is reading the FAQ on how to post here and you've provided all the info we need to know! Here's the section that you were flagged with:

New York Vehicle and Traffic Law

§ 306. Enforcement.
(e) Any person who shall make, issue or knowingly use any imitation or
counterfeit of an official certificate of inspection, or who shall
possess or display or cause or permit to be displayed upon any motor
vehicle any certificate of inspection knowing the same to be fictitious
or issued without an inspection or required repairs having been made,
or, who unlawfully mutilates a valid certificate of inspection or
rejection, or who shall knowingly issue, obtain or present a false
statement in connection with a waiver authorized by this article, or who
unlawfully removes such a certificate from a motor vehicle, shall be
guilty of a misdemeanor. The provisions of this subdivision shall also
apply to any temporary indicia of inspection provided for by regulation
of the commissioner.

If you take a look at the bolded words, it requires the prosecution to prove that you knowingly used a fake (imitation or counterfeit) certificate. First I'd like to know why it's allegedly fake. Is it? They will have to prove that it is. Second, they have to prove that you knew it was fake. That can get a little hairy in certain courtrooms since, in theory, the prosecutor must show your knowledge that you were getting a fake certificate. Having any receipt would benefit you as would getting information about the place you got your inspection done.

Hopefully you're now armed with a little more knowledge about what you need to know before your appearance. Let us know how things turn out.