Legal Question in Traffic Law in New Jersey

Who gets the unregistered ticket

WE have a leased auto,and the NJ law says that a leased auto must be registed for the term of the lease. Lease for 36 month's and it needs to be registered for 36 months. Somehow the dealer registered it for 3 months. My wife recently got stopped and we found out that the registration had expired. The Cop wrote a ticket to me ( i was not in the car) for operating a unregistered auto. Should the ticket be issued to me? I do have a required court apperance for this and will tell the prosocuter about the dealer screw up . What can I expect and should the ticket for operating a unregisted vehicle be issued to me if i was not even present?


Asked on 8/22/08, 7:32 pm

2 Answers from Attorneys

Re: Who gets the unregistered ticket

First get the dealer to straighten out their mistake, and properly register the vehicle. Tell them you want a written explaination of what happened to show the prosecutor. IF you need a delay to get this done, call the court for an adjournment, you should be able to get one if you explain why. Go to court and explain it to the prosecutor, and ask them to drop it, and tell him you want to adjourn if he will not drop it. I have not purchased a new car in a few years, but as I read it, a new vehicle is initially registered for 48 months, and this is done by the dealer. Here is the relevent part of the statutes:

Notwithstanding any other provision of law to the contrary, every registration for new passenger automobiles shall expire and the registration certificate shall become void on the last day of the 48th calendar month following the calendar month in which the certificate was initially issued. On and after February 1, 2005, the provisions of this paragraph shall not apply to new passenger automobiles purchased by a rental company for use as rental passenger automobiles. As used in this paragraph, "rental company" means a person engaged in the business of renting motor vehicles; and "rental passenger automobile" means a passenger automobile that is rented without a driver and used in the transportation of persons or property other than commercial freight.

If the new passenger automobile being registered is a leased passenger automobile, the registration shall expire in accordance with the term of the lease. If the term of the lease extends beyond one or more 12-month periods by one or more months, the registration period shall be based upon the full year into which one or more of the months extend; provided, however, the registration period for a leased automobile shall not exceed 48-months.

Following the 48-month period of the initial registration of a new passenger automobile, the subsequent registration shall expire, and the registration certificate shall become void, on the last day of the 12th calendar month following the calendar month in which the certificate was next issued.

Good luck.

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Answered on 8/23/08, 10:23 am
Gary Moore Gary Moore Attorney At Law

Re: Who gets the unregistered ticket

Just tell the prosecutor your story. It makes sense because a new leased car is always registered by the dealer.

Gary Moore

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Answered on 8/23/08, 12:12 am


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