Contesting an expired drivers license ticket due to covid 19 I got pulled over in Ohio (with an Ohio license) a few weeks ago because one of my headlights was dim. The officer was clear that he was just letting me know. He asked to see my drivers license, which had expired on May 12th. However, the Ohio BMV website says: If your license, ID card, or vehicle registration (including plates and stickers) expired on or after March 9, 2020, your expiration date has been automatically extended until December 1, 2020. I told him that and we discussed back and forth but he still said that he wasn't sure that was the case and wrote me a citation anyway, with a court date. He ended by saying &quot;I'm sure they'll excuse you anyway.&quot; I went to court, pleaded guilty because I didn't want to come back, but had to pay $25 for the fine and $115 for the court fee. I was told that if I had pleaded not guilty, I would have had to pay the court fee anyway. I later went to the BMV to renew my license and the lady there told me I shouldn't have gotten the ticket in the first place. I am frustrated because it seems like I have done nothing wrong and yet I paid $140 in the end. What should have I done differently and is there anything I can do now?
&quot;I have done nothing wrong&quot; You got up in court and, when the judge asked if you had done anything wrong, you said: &quot;yes&quot; (guilty). So, in the eyes of the law, you are in the wrong. Police are entitled to make mistakes and, when they do, the accused can either accept the consequences of that mistake by pleading guilty and paying the penalty or they can defend themselves and show that the police made a mistake. Unfortunately, while you have a right to a defence, you don't have a right to a defence at no cost.
In CA, with no papers given to you, there is no ticket. You are required to sign the ticket, which you obviously did not do.
Different states vary on all of this stuff but many times the roadside breathalyzer is given to establish probable cause to arrest a driver. After that the driver is given another test on a computer-connected breath tester at the station (or wherever). It's these big testers that are usually used as the evidence and are the ones which are at the center of controversy in various states. As @Dale M stated, for roadside tests the officer can write the results in a notebook, some breathalyzers have printers, and other are connected to a computer. Whatever the case, there is usually a process that officers go through to ensure this stuff is accurate and complete. A lot of it is departmental policy and would only be revealed if challenged in court or perhaps via an open data request. But again, this record is to show probable cause for the arrest and the trip to the bigger badder test which is fully computerized and documented and witnessed. (In at least one state (NC) you have the right to have a witness present when you are tested.) EDIT: Oh, and if your plan is to challenge probable cause because the record-keeping on the roadside breathalyzer is mediocre, the cop can cite all sorts of other probable cause, like he saw you swerving, you were slurring your speech, he smelled alcohol, you failed the in-car test, and you failed the roadside walking, touching, dancing, singing test.
colorado You have committed aggravated motor vehicle theft in the second degree in violation of CRS 18-4-409(4): A person commits aggravated motor vehicle theft in the second degree if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception and if none of the aggravating factors in subsection (2) of this section are present. If the value of the vehicle was less than $2000, then this is a Class 1 misdemeanor and is punishable by 6 to 18 months imprisonment and/or a fine of $500 to $5000. Colorado's general theft statute (CRS 18-4-401) requires an additional element, that you intend to permanently deprive the rightful owner of the benefit of the property. So your slide example is not theft. However, they specifically excluded such a requirement from the motor vehicle theft statute. If you drove it on a public road, then you may have committed a few traffic violations as well: The vehicle's registration is presumably expired, so you violated CRS 42-3-121(1)(a). If any of its required safety equipment is not working (all lights and signals, brakes, mirrors, horn, seat belts, etc, as well as a muffler) then you are in violation of CRS 42-4-202(1). The vehicle is presumably not insured, so you violated 42-4-1409(2). You might think your own auto insurance policy covers you when you drive another vehicle, but if it's like my policy, this clause only applies when you drive it &quot;with the express or implied permission of the owner, and within the scope of that permission&quot;. If the dump truck has a gross vehicle weight rating (GVWR) over 26,000 pounds, then it is a commercial motor vehicle under CRS 42-2-402(4)(a)(I), and under 42-2-404(1) you need a commercial driver's license to operate it, which you presumably don't have. (Note that GVWR is the maximum weight, including load, at which it is rated, whether or not it is currently loaded.)
In all honesty, this completely depends on the judge you happen to get that will hear your case. There's no straight-forward "yes this will work" or "no this won't work" answer in a case like this. But a couple things to keep in mind: The fact that he was from out of town doesn't matter. If signs were displayed, then he has to obey the signs. Your argument about the placement of the signs may or may not work, again depending on the judge. But make sure you take more evidence than just some numbers derived from guess work (you'll need pictures of where the car was parked, where the signs are at, and exact measurement between the two signs and the vehicle, pictures of obstructions, etc). It's up to you to decide whether collecting all of that is worth the $45. Someone has to pay the ticket. You cannot just go to court and get it dismissed because you weren't driving. By default, the parking ticket obligation falls onto the owner of the vehicle. If you know you weren't driving, you can then request the person who was to reimburse you, or even sue them for reimbursement if they refuse. Continuing from #2, in some jurisdictions and especially if the parking ticket was issued by a private company (like at a strip mall) that doesn't use police enforcement for parking, you can provide them with the name and address of the person who was driving and have them re-send the ticket to the correct person, but not always. However, relying on this is a bad idea. The ticket, while issued to another person, is still attached to your vehicle and if the other person refuses to pay, it's your vehicle that will be impounded, booted, etc if the ticket is left delinquent. Then you just have even more hassles to deal with. Having outstanding tickets for your vehicle could also affect your insurance premiums. Don't let this linger for too long. Get on top of it and decide what the two of you are going to do as soon as possible.
Although your question didn't ask about the criminal side of this, it's important to consider the offence of driving without insurance in the UK. Section 143 Road Traffic Act 1998 provides that— (1) Subject to the provisions of this Part of this Act— (a) a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act ... (2) If a person acts in contravention of subsection (1) above he is guilty of an offence. (3) A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves— ... (c) that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above. If it's not too late, it may be worth challenging the matter in court on the basis of a s143(1)(c) defence (i.e. you didn't have reason to believe that your policy was not in force). You should speak to a solicitor immediately if you want to consider this. As mentioned in the previous answer, you may have a claim against the insurer if you can provide that you were misled into believing that your policy had been renewed automatically. You should read the terms and conditions carefully to discover whether they were entitled to communicate on matters of renewal solely by email. Again, you should speak to a solicitor to establish whether you have a realistic prospect of success. (in case you're curious, the 'security' mentioned in s143 refers to a sum of £500,000 which, if deposited with the Courts Funds Office, exempts an individual or corporation from the insurance requirement)
IMHO, your questions reflect several misunderstandings of how the process works. So, with your permission, I will avoid directly answering your questions and instead focus on suggestions how to best help you plot a path forward. Your counterparty has the burden of proof. If your counterparty forged your signature on a contract, then they must prove you signed it or they can not enforce it. In order to enforce the contract, they will need to sue you civilly. Then you can introduce evidence of their forgery at that time. Inform your counterparty you did not sign the contract. Then act accordingly. If your counterparty forged your signature on an extension contract then you should inform them immediately after it has come to your attention. Advise them you have no intention of complying with a contract you never signed. And that if they try to enforce the forged agreement, you will defend yourself "vigorously." Never threaten criminal charges to advance your position in a civil case. This behavior is a crime in itself. It's called extortion. If you want to pursue criminal charges at some point then do it without relating it to the civil case. The police are not your only means of pursuing criminal charges. You can also schedule a meeting with your District Attorney, State's Attorney (whatever that position is called in your state) or your state's Attorney General. In other words, you might want to approach the government's attorney responsible for prosecuting crimes in your jurisdiction. Forget about involving the police. They have given you their position on the matter. Approach the DA or AG office instead. If the DA/AG decides to use the police, she we will make that decision then inform the police how she needs to use their services. Police are wary of being used as leverage in civil disputes. That's probably the reason for their policy decision regardless of whether it's technically justified by the law or not. Your counterparty can't "fix" anything. If they claim you signed a document you did not, they will have to produce that document with your signature on it. This will presumably be your Exhibit A evidence they forged it. Disclaimer: I am a lay person and not an attorney. This writing is no substitute for proper legal advice. If you need help with a specific legal situation please hire an attorney and do not rely on anything I have written here.
The problem with these situations is that you don't get to choose how it goes once it's in the hands of law enforcement. Possible scenarios on bringing a complaint to police or prosecutors: "So you guys had a dispute, but everyone's OK now. We're not pursuing this; we have more important things to do." "Hmm ... that could have gotten ugly. We'll do an investigation and check the records of both you and the bus driver to see if either of you have any priors." "We're trying to make this a more bike-friendly city. And we're cracking down on CDLs especially. Thanks, we'll investigate that driver." "Thanks for the evidence. You're going to get charged with criminal mischief, and the bus driver is going to get charged with assault." Of course, you could also send a complaint to the bus company. They are (hopefully) more likely to worry about what their drivers are doing. The DoT is also concerned with CDL safety, so you can file a complaint with the FMCSA NCCDB.