Car was registered and insured but proof wasn&#39;t in the car This occurred in California. Can the police give you a ticket for $1,200 for a first time violation with no registration or insurance paperwork in the vehicle? The vehicle was registered and had insurance. Does it matter if the car is not yours?
Yes, the police can give you a ticket for not having insurance/registration in the vehicle, even if they know it is registered/insured. The requirement is not just that you must have it, but you must carry proof of it in the vehicle. California Law (CVC §16058) requires that insurance companies electronically report insurance information to the DMV, which the officer has access to and can verify insurance. From the California DMV Page: Financial responsibility (commonly known as insurance) is required on all vehicles operated or parked on California roadways. You must carry evidence of financial responsibility in your vehicle at all times and it must be provided as specified below when: Requested by law enforcement. Renewing vehicle registration. The vehicle is involved in a traffic collision. The reason it must be in your vehicle is that when you are involved in a collision, you have to be able to provide that to the other party. And yes, you can receive the citation even if the vehicle is not yours. It is your responsibility as a driver to abide by the laws and verify that the vehicle is legal to drive. California Vehicle Code (CVC) §4000(a)(1) requires registration: A person shall not drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle which displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees. I'm not advocating that you should just "suck it up and pay" this ticket. I would certainly bring proof of registration/insurance at the time of the ticket to your court date and provide that you are not the registered owner of the vehicle (you don't say, but I assume you were borrowing a friends vehicle). The court should look at that evidence and issue a warning or dismiss the ticket.
Although the local mechanic was suggested by you he was paid by the dealer, and hence was acting as the dealer's agent in the repair. If the dealer did not want to accept this then they could have simply insisted on doing the repair themselves. The dealer is responsible for the actions of their agent, and they cannot run out the clock on the warranty simply by failing to repair the fault. You could write to the dealer saying that you will accept their third repair on the understanding that the fault and two attempts to repair it predate the expiration of the warranty and hence you retain the right to return the car if this third attempt at repair does not remedy the problem. Or you could simply insist on returning the car for a refund. If they won't take it, write a letter stating that either they agree to take it back or you will take action in the county court to recover your money. Most businesses will conceed at this point because spending time in court is expensive even if you win. I say "write" because that means they can't deny agreeing later on. You can of course hand them the letter yourself rather than sending it by post.
No, not for 1+ years See section 47 of the Motor Vehicle Act 1988: (1) When a motor vehicle registered in one State has been kept in another State, for a period exceeding twelve months, the owner of the vehicle shall, within such period and in such form containing such particulars as may be prescribed by the Central Government, apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that registering authority: [...] Related: 1 2
Oregon allows it, see ORS 30.813. One who enters a motor vehicle, by force or otherwise, to remove a child or domestic animal left unattended in the motor vehicle is not subject to criminal or civil liability You have to verify that the car is locked, you have to have a good faith and reasonable belief that breaking in is necessary because of imminent danger of suffering harm, you must notify the police and you must remain with the child / animal until police arrive.
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)
We cannot advise you to pay the fine or contest it, but we can say that the law is. A notation like "no tag" is not the same as a formal charge that would be filed against you if you were prosecuted, under Georgia Code 40-2-8. The law says (b)(2)(A) It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated, unless such operation is otherwise permitted under this chapter Hence driving with expired tags is against the law. The state indicates that the penalty for non-renewal is "10% of Ad Valorem Tax due + 25% of License Plate Fees", the latter being $20. There is also a fine of $25 for operating a vehicle without a valid county decal; you presumably know what the current ad valorem tax on the vehicle is.
There's the question whether something is lost property or abandoned property. You'd be allowed to keep abandoned property, but keeping lost property without looking for the owner is in many places considered theft. A car on your land is quite likely abandoned by the last driver (people don't usually lose cars). But the question is whether it is abandoned by the owner; if the car looks like it has some value then it is unlikely to be abandoned by the owner and more likely that it has been stolen. I'd report the car to the police; then it's up to them to find the owner or not. If they can find him, and the car was not abandoned, but actually lost (unlikely) or stolen (more likely), you have the satisfaction of being an honest person helping either a very stupid car owner or a crime victim to get their property back. If they can't find him, usually the property will then belong to the finder.
You can't sue her for not having insurance. You sue for the damage you suffered. You can name her as a defendant alongside her son on the theory that she contributed to the accident by letting her son use the car, and then let the judge sort out who gets landed with the liability. Depending on the rules in your jurisdiction you might have to pay her travel expenses and/or lost wages if the judge decides she wasn't to blame (and the same for her son, but that sounds like a slam-dunk). However you might be better off going for victim restitution. That way the order gets made as part of the criminal case against the son. Less hassle for you, and the state authorities are responsible for actually getting the money out of them. Edit: It turns out that Idaho has the Family Car Doctrine in its law, so the mother is legally liable for her son's accident (thanks to ohwilleke for the pointer).