Legal Question in Traffic Law in Ohio

I recently bought a truck but did not have the title yet since it was being sent fromt he sellers bank. I called the DMV, and they said I could put the plates from my previous truck on there for 30 days until title came. I did so and was pulled over. The officer explained that he pulled me over for plates not matching the vehicle. What I had forgot about in the 5 month gap from selling my old truck to getting the new one is that the plates were registered in my fianaces name. He impounded the vehicle for fictitious plates and cited me. Luckily I had proof of insurance, and the loan papers to show proof of ownership. He then told me to take bill of sale to get 30 days. THe next day, the DMV said they would not take it, but would take loan papers, and was able to get 30 day tags.

My question is what all am I facing and how should I proceed? From a quick online search, a FIcititious Plates charge is a pretty serious charge considering I made an honest mistake. Am I facing License suspension, jail, ......?? Location is Summity County Ohio. Not sure if I need an attorney or just explain to the judge the mistake and show that it was quickly fixed??


Asked on 5/13/10, 1:47 pm

1 Answer from Attorneys
Neil Rubin Neil S. Rubin, Attorney at Law, LLC

Get an attorney. Look, if you had an abscessed tooth which needed to be extracted, would you yank it out yourself? Of course not, you would find the money to see a dentist. Being guilty of fictitious plates is punishable by a $1000 fine and 6 months in jail plus court costs. I would be stunned if you served any time but the fine could be substantial, not to mention your insurance company finding out. An attorney may be able to lessen the blow by talking to the prosecutor, by preparing evidence the correct way and making an argument to the judge that it indeed was an honest mistake. (I am wondering why the officer had probable cause to pull you over in the first place. Also, what is the municipal court that has jurisdiction?)

Judges are busy folks and do not always take in consideration the totality of the circumstances. Plus, he/she may not believe you. An attorney can argue facts and law and has a certain creditability with the Court because we can not misrepresent the truth. Maybe not fair, but a fact none-the-less. Don't mess with this.

Neil Scott Rubin

Attorney at Law, LLC.

P.O. Box 691

Twinsburg, Ohio 44087

phone: 216-923-0333

fax: 330-405-0907

email: [email protected]

This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

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Answered on 5/25/10, 5:00 am


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