Legal Question in Traffic Law in New Jersey

DMV Clerical Error resulted in Fine - Who's at Fault?

Last night, as a pulled out of the parking lot of the local supermarket, there was a police car who subsequently followed me and stopped me one block from my home. He informed me that while he was sitting in the parking lot, he put my license plate into his computer that indicated that my registration had expired in Jan - he issued me a summons for $44.

This morning I contacted my credit union (who I am leasing the car through) and inquired as to why I had never received a renewal form for my registration.

Upon investigation on their part, they found out from NJ DMV that a clerk had erroneously entered that my license plates were surrendered. ASs a result, no renewal form was ever sent.

I then called DMV and be told that even though I never received my registration renewal form, it was my obligation to know when my registration needed to be renewed and that I would have to pay the fine (as well as any additional fines for driving without a updated registration.

Do I have any legal recourse in this matter or should I just eat it?

Thanks for your answer.

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Asked on 3/18/03, 12:23 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: DMV Clerical Error resulted in Fine - Who's at Fault?

I agree that it is your responsibility to be sure that your car is properly registered. Not having received the renewal documents, you should have inquired. Yeah, the leasing company screwed up too. But let me ask you this - even if I (or anyone) had come to the conclusion that it was totally your leasing company's fault, isn't your time to correct this crime against humanity worth more than $44? I suppose you could send a letter to the leasing company, telling them what happened and asking nicely for a refund of the $44. If you have to spend much more time than that, it hardly seems worth it to me. Good luck! Rob Gleaner

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Answered on 3/18/03, 1:04 pm


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