I received traffic citation for NO TAG, though I was on my way to tag office to get tag (within legal length of time to do so...& had supporting documents w/me). & now I notice the law code on the ticket is not for the charge I was stopped? Any defense?
by 
Luke
ANSWERS: 5
-
I'd be very surprised if your local law didn't say something about displaying a temorary tag until a permanent tag is affixed. That said, you can get a ticket dismissed if the wrong statute is applied. Be sure you know the statute is wrong, though. Is there a chance you can post it?
-
AL Code 32-6-5 was the charge on the ticket which regulates the reporting/disposition of funds. The charge should have been 32-5-51 Rear Tag required. Alabama doesn't require a temp tag on newly required vehicles for up to 20 days of aquisition (or placement on the road if purchased non-running)
-
Depends on the charge. If it was an insurance violation, for instance, the fact that you were stopped for NO TAG would not be a defense.
-
I agree with Gideon - get all your ammo (documents) and fight it. I don't know about where you are, but here in SC, if the problem is corrected by court date, the judge will usually dismiss for something like this - tag, license expiration, etc.
-
Errors like that do not always get the case thrown out. Only in case of fraud usually. This is a case of common sense. Most no tag cases I have seen (about 20) are dismissed prior to court when the DA discusses the case with you and you prove you have a tag. Your case is more compelling. Call the DA and ask for some face time to prove that going to court is a waste of time, money and effort. If this does go to court don't forget to point out to the judge that you made the effort to bypass his/her court with this trite matter.
RELATED QUESTIONS
Copyright 2023, Wired Ivy, LLC