I have a delicate issue that needs to be addressed.
I maintain dual residency. One here in CA, and the other in DC.
For each residence, I have a car - i.e. I have a registered car in CA, and a registered car in DC. Unfortunately, I got a ticket while driving my DC registered car here in CA. Generally, the DC car stays in DC. The ticket issued states I need to get the DC car registered here.
Personally, I don't want to - why? Because the car is seldom used here in CA, and I don't want to pay dual registration.
DMV has never encountered such a problem, and have been less than helpful.
Anyone has "legal" suggestions to address this.
Your questions isn't exactly related to escorting - although I guess since you probably need a car to get a date it's close enough.
I used to maintain CA and Arizona residence. CA is very anal about registration.
I assume you have a CA DL. What you need to do is write the DMV a letter explaining the situation, that you maintain dual residence and had the car in CA temporairly, include something of reference like a utility bill for DC. Something that shows the car back in DC would be even better. LIke a DC postmark on the letter - the registered letter.
If it was part of a moving violation you may have to take it in front of a judge to clear it or they will go after your DL. Double check the law on registration first, there is a provision for this.
In my case a neighbor ratted me out for keeping my AZ truck at my Mother's house for a few months, well OK, it was like 5 years... and they mailed me a ticket. I wrote back with a copy of my AZ DL and property tax bill and told them to fuck off and never heard anything else.
Good luck,
TS Jamie
I have a CA drivers license.
Unfortunately, had to surrender the DC license because Federal law allows you to have only one license.
I am tired of speaking the DMV. They are not being too helpful.
When a legal opinion is requested, it is best to supply all the details, as you just found out when you failed to mention which jurisdiction issued your DL. Other information that might be helpful:
1) Has DMV told you which sections of the Vehicle Code require registration?
2) Are you registered to vote in California?
3) Do you own real estate in either location?
4) In which location do you live the majority of the time?
5) Did you have to turn in your DC DL because you applied for a CA DL later? If so, why did you apply for a CA DL?
6) Is the DC vehicle insured for that location? By the same insurance company as the CA vehicle? If you have disclosed all information to the company that insures the DC vehicle, a knowledgeable agent might have a suggestion?
7) Are you an employee of the Federal Government but maintaining a residence in CA? If so, then you probably need to register the "DC car" in CA instead of DC. Obviously, DC law enforcement is used to seeing many vehicles registered in the 50 states, including Congressmen and Senators, who have special plates issued by their respective states.
8) If the answer to #7 is no, do you file an income tax return and if so, in which jurisdictions?
9) I assume the vehicle has not been seized by CA authorities. If that is the case, were you simply issued a citation for CA Vehicle Code section 4000a for failure to have it registered in CA? If not, what sanction is DMV claiming will be taken against you?
(Might be easier just to register the damn car here; there are some disadvantages to living in "paradise".)
-- Modified on 2/28/2007 7:04:24 AM
-- Modified on 2/28/2007 7:07:20 AM
-- Modified on 2/28/2007 7:11:15 AM
Let's start with the requested information.
1) Has DMV told you which sections of the Vehicle Code require registration?
** The DMV has not been helpful at all. I requested this. And, all they kept telling me is that if you have an address here, then the car needs to be registered here.
2) Are you registered to vote in California?
** Yes
3) Do you own real estate in either location?
** Own real estate in DC. I am looking into owning here.
4) In which location do you live the majority of the time?
** DC
5) Did you have to turn in your DC DL because you applied for a CA DL later? If so, why did you apply for a CA DL?
** Turned in the DC DL. To open bank accounts, etc. it was a lot easier to do that with CA DL than out of state.
6) Is the DC vehicle insured for that location? By the same insurance company as the CA vehicle? If you have disclosed all information to the company that insures the DC vehicle, a knowledgeable agent might have a suggestion?
** Car is registered and insured in DC.
7) Are you an employee of the Federal Government but maintaining a residence in CA? If so, then you probably need to register the "DC car" in CA instead of DC. Obviously, DC law enforcement is used to seeing many vehicles registered in the 50 states, including Congressmen and Senators, who have special plates issued by their respective states.
** Not a Federal employee
8) If the answer to #7 is no, do you file an income tax return and if so, in which jurisdictions?
** Both. There are taxes I pay here, and in DC
9) I assume the vehicle has not been seized by CA authorities. If that is the case, were you simply issued a citation for CA Vehicle Code section 4000a for failure to have it registered in CA? If not, what sanction is DMV claiming will be taken against you?
** DMV is not sactioning anything. It's the officer who mandated the registration. Car is in my possession
=================================================
Went to court.
1. Took both car registrations - one registered here for use here, and one registered in DC for use there.
2. Provided explanation to Judge about dual residency, and that I was visiting.
3. Judge dismissed the case - count for getting car registered here. Had to pay $ 10 for handling fees.
4. By going to court, I also got a significant break in the $ amount for the moving violation.
5. Traffic school, and the points will be expunged.
6. No need to have car registered here!
-- Modified on 2/28/2007 2:06:08 PM
While you are in CA, I suggest you pay for a copy of the court docket (easiest way is to go back to court rather than writing a letter). That will show that the Vehicle Code section 4000a was dismissed. (It will be even better if the court actually made a finding that you are not legally required to register the vehicle here AND the docket so states. However, I would guess that is unlikely.) Also keep your copy of the citation in the DC car in the event you test fate again.
Unfortunately, having "traded in" your DC DL for a CA one, you may now face the opposite problem on the east coast. A DC, MD, or VA cop may want to know why a DC-registered car is in your name but you have a CA DL. (The VERY rich who own homes and vehicles in multiple locations simply pay their attorneys to take care of such details.)
-- Modified on 2/28/2007 2:47:11 PM
Please explain as to why I need these?
What's the process of requesting a court docket? Does the paper work they give you to pay fines etc. suffice.
Thanks!
(a) You obviously had to go to a lot of time & trouble. I don't have any better ideas here, because life is rough all over. Not every cop can be a philosopher.
(b) Traffic school. It sounds to me like this was NOT a moving violation, and you don't need to know the rules of the road.
Have you checked to see if traffic school costs more than a fine would have? It often does, sometimes 3X as much.
What courts often do is privatize sanctions. There's traffic school, there's bad check school, there's anger mgmt school, there's all sorts of schools that are seen as alternatives to fines or jail time. They're often more than the court fines would be, and they've usually got some well-intentioned rationale, but when you get into it, it's hard to avoid the feeling that they're mostly useless 3rd rate scams and frauds that do nobody any good except for the contractor, pretty much like Bush's privatization of the Iraq war.
You look at the ticket, and see what sections you were cited under. You go to "find CA code", and look up those sections, and see what they are all about, and what they can do to you about each violation.
You will find this difficult to figure out reasonably accurately unless you corner a lawyer who is willing to help you. Forget finding a ticket specialist, they don't exist, because you can't feed yourself defending traffic tickets. Maybe somebody who does mostly DUIs, and is in love with you, because as legal problems go, this is a joke.
The DMV is not there to help YOU, so you can forget about that. They are just part of the legal environment, something you have to deal with.
Anyway, you do all this, and then you make a more or less informed decision about what you want to do. Life is tough all over, and there is NOT a way out of all problems. Sometimes you gotta bite the bullet - but it always pays to take a moment to look for the easiest way 1st.
Where is the car? Physically? It really doesn't matter if you have a CDL if the car is kept out of state.
If you maintain a legal residence in DC and the car is physically there they have no jurisdiction, as requiring you to register it in CA puts you in violation of DC law.
I recall they do have obscure laws here, like any car in the state over 10 days or something has to be registered here - so technically if an out of state visitor spends 2 weeks in Yosemite camping they are in violation.
As the previous poster said research the code - also the DC law. What CA wants is your money. You have to show them why they can't have it.
If the car is in fact in CA and you don't want to register it, THEN it's a different story. Then a little subterfuge is in order.
And finally, this ain't nutin honey - try changing your "gender" with the DMV - that really gives them something to scratch their heads over. And yes it can be done. [giggle]
Best,
TS Jamie
unless you link directly to their message, their e-mail isn't triggered, and they don't get it unless they review the entire thread after you post.
BUT as long as we're talking about the DMV (we ARE talking about the DMV, aren't we) it's interesting that we've got this agency that was originally designed to register title to cars and establish that drivers could operate our transportation machines, and now it's morphed into an agency that regulates identity cards, and identity itself, and it's run by people fired from the post office. And don't get me started on administrative law.
And since we're making mind-bending confessions and it's my turn, I'll confess that in another life and/or in a parallel universe, I was (am?) a lawyer, and this gives my alter ego a particular view of this stuff, like people talking about "law" as being something definite and predictable, not subject to factual findings, prosecutorial discretion (it's sometimes good to keep your head down and play nice), or individual interpretation by moronic and uneducated civil servants or arrogant lawyers, etc etc. And it also makes me impatient with loudmouthed libertarians and other people who create problems then don't want to pay for the solution, as we all do.
I see the case is settled but thought I would add my $.02 anyway.
The car should be registered where you keep it most of the time.
So the car in CA must be registered in CA, and the car in DC must be registered there. As the judge noted you did not do anything wrong.
What I have seen people get in trouble with in Minnesota, was regigistering there car at there lake cabin residence in Wisconsin when there primary home was in Minnesota. (And the car was in MN more than WI).