In court for a misdemeanor - what to expect?

Factual Questions
1

I was pulled over for having an expired registration. I didn’t have car insurance, either. I need to appear in court for this - what should I expect?

2

It varies so wildly depending on what jurisdiction you are in…

3

If you wish to receive some helpful advice on what to expect, please let us know where you are appearing in court (state and county). The procedures vary state to state, and even county to county. With this info, someone may be able to give you a run-down on what generally will happen. :slight_smile:
ETA: Or, if you will, what jtgain said, though I did suggest that the info could be provided. :stuck_out_tongue:

4

No matter where you are, it’s a good idea to fix your problems before you get in front of the judge.

5

Driving without insurance can be a serious offense: http://public.findlaw.com/traffic-ticket-violation-law/traffic-ticket-a-z/driving-without-insurance-laws.html

You should talk to a lawyer about your options. You can get answers from lawyers about problems like this here: www.lawguru.com

If you want more practical information about the court and procedures, call the court or visit its website. Better yet, visit the court and watch a few cases.

6

Well, you mean we can’t tell the OP what the law is for this crime in “dachshund city”? :stuck_out_tongue:

7

You get nipped at the ankles for 40 days. :smiley:

8

Seconded … from a completely anecdotal perspective, having things cleared up before hand has resulted in more of them being dropped than I’ve been fined for.

9

Sure we can. No insurance? Thirty days in the stockade!!! :smiley:

10

BTW…this reminds me of an old Twilight Zone or Outer Limits where a lady gets hauled into court in a shithole town for some petty traffic violation, and ends up getting sentenced to a hundred lashes or some such nonsense.

She did something else that ended up with her getting trapped there forever… My memory fails me…

11

Was that one of the revivals? It sounds familiar, but I remember Christie Allie played the woman.

12

Oh yes, it was a newer one. In color; probably in the 80s or 90s. I’m not sure who played the woman…

13

I live in Michigan, in Livingston county. That’s a great idea to go to court and check things out beforehand - thanks for the advice. I renewed my insurance and registration the next day, so am all set there.

14

Or country to country, even. Fancy that.

15

I think we could take it as a given that the OP was posting from the United States. Sorry if that sounds chauvinistic. :stuck_out_tongue:

16

Here’s what the Secretary of State says about driving without insurance:

Here’s one of the statutes on driving without insurance:

http://www.legislature.mi.gov/(S(y2wfa455gxxuftih3unjiz55))/mileg.aspx?page=GetMCLDocument&objectname=mcl-257-328

17

Could it have been Tales From the Cryptinstead?

18

I was in court for not having insurance on my car about 7-9 years ago.
I sat in court, waited for my name to be called and when it was went up to stand in front of the judge. I pleaded guilty was issued a 250$ fine and ordered to have car insurance or some sort. It was all over rather quickly. The worst part was what the citation did to my insurance rates. The driving with no insurance plus a speeding ticket put me on risk type insurance.
Can’t help ya with the no registration but good luck.
This was all in Minnesota.

19

IANAL - and a lawyer might laugh at what I’m going to suggest, but …

Your best bet might be to go to the hearing with proof of registration and insurance in hand. When the judge asks if you have anything to say, you state “Your honor, I apologize that my carelessness has caused this court to have to spend time on this matter. I ask you to note that I haven’t been this careless in the past, and I promise not to do so again.”

If the judge believes you are sincere, he will probably be as lenient as his discretion allows.

20

In Cleveland Municipal Court, we see refusal or failure to display a current drivers license (DL) far more often than expired auto registration cases. A bad DL is a misdemeanor of the first degree, punishable by up to a $1,000 fine and up to six months in jail. I’ve never heard of such stringent punishments being imposed, though, and for a first-time offender it would be extraordinarily unlikely. That said, if you can bring proof of having a valid DL, valid registration and proof of insurance with you to your first court appearance, it’ll help you a LOT. I routinely grant continuances for people to get their licenses, registration and insurance squared away.

The prosecutors in my court have very broad discretion to offer a plea agreement that will carry no points against your license. They’re more likely to do so if you can convince them that you’re an otherwise law-abiding citizen who made a dumb mistake but is making a good-faith effort to fix it. You may still be in trouble with the Bureau of Motor Vehicles, though, and the Bureau can suspend your license for failure to comply with the financial responsibility law (i.e. failing to have proper insurance). Even if you have insurance by the time you come to court, in Ohio you can still have your license suspended for failing to have proper insurance on the day of the ticket.

Other than Gfactor’s post, I don’t know what Michigan law is, or what the local practice of your court is. Checking out the scene beforehand is excellent advice. Better still, talk to a lawyer who often appears in that court and ask her what to expect.

I’m afraid Xema’s suggested remarks might be seen as smartass by quite a few of my colleagues. Watch your step.