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Law Pro
Law Pro, Attorney
Category: Traffic Law
Satisfied Customers: 23451
Experience:  20 years practicing traffic law.
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Hello- My son was pulled over yesterday and his vehical

Customer Question

Hello-

My son was pulled over yesterday and his vehical was impounded. He was issues a ticket for failure to prove valid registration and misuse of license plates. Is this a criminal charge?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Law Pro replied 1 year ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX X'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


Can you tell me what state this is going on in?

Can you tell me the citation numbers he allegedly violated?
Customer: replied 1 year ago.


This is in the state of Colorado and the citation number(s) 42-3-121

Customer: replied 1 year ago.


What faces are you referring to?

Expert:  Law Pro replied 1 year ago.
Thanks for the information.

The statute is as follows:

§ 42-3-121. Violation of registration provisions - penalty

(1) It is unlawful to commit any of the following acts:
(a) To operate or permit the operation, upon a highway, of a motor vehicle subject to registration under this article or to possess or control a trailer coach or trailer that is not registered and does not display the number plates issued for such vehicle or trailer coach for the current year, except for trailer coaches or trailers owned by a licensed dealer or licensed manufacturer while being held for sale or resale or while operated on the streets or highways with dealer plates or depot tags authorized pursuant to section 42-3-116 ;
(b) To display or permit to be displayed, to have in possession, or to offer for sale a certificate of title, validation tab or sticker, or registration number plate knowing the same to be fictitious or to have been stolen, cancelled, revoked, suspended, or altered;
(c) To lend to or knowingly permit the use by one not entitled thereto a certificate of title, registration card, or registration number plate issued to the lending or permitting person;
(d) To fail or refuse to surrender to the department, upon demand, a certificate of title, registration card, or registration number plate that has been suspended, cancelled, or revoked;
(e) To use a false name or address, to knowingly make a false statement, or to knowingly conceal a material fact in an application for the registration, renewal registration, or duplicate registration of a motor vehicle;
(f) To use or permit the use of a noncommercial or recreational vehicle to transport cargo or passengers for profit or hire or in a business or commercial enterprise;
(g) To use or permit the use of a truck or truck tractor registered as a collector's item pursuant to section 42-12-401(1) (c) to transport cargo or passengers for profit or hire or in a business or commercial enterprise;
(h) To drive or permit to be driven a truck or truck tractor registered as a collector's item pursuant to section 42-12-401(1) (c) for any purpose other than those purposes allowed in section 42-12-401(1) (c).
(2)(a) A person who violates paragraph (a) or (c) of subsection (1) of this section commits a class B traffic infraction.
(b) A person who violates paragraph (b), (d), or (e) of subsection (1) of this section commits a class 2 misdemeanor traffic offense.
(c) A person who violates paragraph (f) or (g) of subsection (1) of this section commits a class B traffic infraction.

You stated:

He was issues a ticket for failure to prove valid registration and misuse of license plates.

Can you explain the license plate issue - was he using a stolen license plate?
Customer: replied 1 year ago.


He was using the plates that were in the back of the vehical when he purchased it. The temp registration expired in January but the vehical sat until about a week ago, that's when he put the plates on it. He told the officers yesterday that he put the plates on till he could get to DMV for another temp tag.

Customer: replied 1 year ago.


This was 42-3-121 (1)(a)

Expert:  Law Pro replied 1 year ago.

OK, I just wanted to be sure - he's only be charged with a class B traffic infraction then.

 

Traffic infractions under Colorado law are divided into two sub-groups consisting of Class A and Class B infractions, however, the procedures for adjudication of these two types of traffic infractions are not appreciably different. Class B traffic infractions are much less frequently issued, only for the most minor traffic related matters, and do not carry the imposition of penalty points reported to the Colorado Department of Revenue Division of Motor Vehicles.

 

Both Colorado Class A and Class B traffic infractions are considered civil matters in Colorado rather than criminal matters. As civil matters typically the only penalties that may be imposed upon a conviction of an individual for a traffic infraction is a fine, court costs and, in the case of Class A traffic infractions, penalty points reported to the Colorado Department of Revenue Division of Motor Vehicles. For most, but not all, traffic infractions an individual is issued a Penalty Assessment Notice by a law enforcement officer that typically provides an opportunity to return a guilty plea by mail, with a payment, prior to a deadline, to resolve the traffic infraction. Often an offer is made on the ticket for the penalty points to be automatically reduced upon timely payment.

 

 

So he's not being charged criminally - just a civil violation which is just a fine as the penalty.

 

 

As such, I would save my money to pay the fine and not retain an attorney.

 

 


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Law Pro, Attorney
Category: Traffic Law
Satisfied Customers: 23451
Experience: 20 years practicing traffic law.
Law Pro and 2 other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.


You are fantastic! Thank you so much. You have no idea how you have helped us to breathe! Thank you so much

Customer: replied 1 year ago.
The citation reads:
Failure to provide valid registration 42-3-121 (1)(a) on the first line and (misuse) under that. What does this mean?
Expert:  Law Pro replied 1 year ago.
It would appear that the registration lapsed or wasn't filed and that the officer wanted to remember the event and that's why he wrote "misuse" on the citation.

"Misuse" of the license plates.
Customer: replied 1 year ago.
Are we still looking at the same type of charge?
Expert:  Law Pro replied 1 year ago.
Yes, no difference - just a Class B traffic infraction.

Customer: replied 1 year ago.

Good Morning-


 


My son wants to know if it makes a difference that the misdemeanor is marked on the ticket instead of the violation box. He also wants to know if you have any idea what type of fine he will be looking at.


 


Thanks for all your help.


 


Tammy


 

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