Cited for cvc 4462.5

[aphex1]

Need some help with this one. I was cited for cvc 4462.5, at which the vehicle that I was driving had a 'tab' from my other vehicle. The fees for the car were up to date, minus a smog certificate,and the sticker was current, just not assigned to the car that I got pulled over.

On the ticket, it was marked as a a misdamenoer, and the deputy who issued the citation mentioned that all I had to do is get the fees up to date (which they were, just needed a smog certificate) and present them to the Sherriff's dept. to release my car (car was impounded).

I did that, paid fees for 2010, and returned to the Sherriff's station, at which point the ticket was written off by an on duty deputy, upon verification of the fees paid.

Now,being that this violation was not a correctable, but was signed by the deputy, can this still stand in court, and be dismissed? Or, can the court still take precedence over the signature of the deputy, and continue with the fines plus any additional penalties?

I'm just wondering the severity of this citation.

Thank in advance.

 

[aphex2]

hello

I am in almost the exact same situation. I was wondering what was the result of this for you?

I just received the citation and have not received the notice to appear, or any sort of fine yet.

I am wondering what happened to you and possibly what I can expect.
Any help would be appreciated.

Thank you.

 

[CdwJava]

This offense is a misdemeanor and not correctable, per se.

4462.5. Every person who commits a violation of subdivision (b) of
Section 4462, with intent to avoid compliance with vehicle
registration requirements of Article 1 (commencing with Section 4000)
of Chapter 1 or Article 1 (commencing with Section 5600) of Chapter
2, is guilty of a misdemeanor.​

And, 4462(b):

(b) No person shall display upon a vehicle, nor present to any
peace officer, any registration card, identification card, temporary
receipt, license plate, device issued pursuant to Section 4853, or
permit not issued for that vehicle or not otherwise lawfully used
thereon under this code.​

However, the court is free to dismiss the violation if it should wish to.

What I suspect occurred here is that your vehicle was unregistered and had been for more than 6 months (a violation of CVC 4000(a)) and this was what they really signed off to allow you to get your car out.

Now, if on the back of your misdemeanor citation in the boxes reserved for the sign off of correctable violations, they filled in the violation 4462.5 and signed and dated that indicating it is corrected, then the officer(s) erred. But, the court is not bound to accept that as the offense is not correctable, per se. But, the court IS free to dismiss if they feel that the matter has been resolved.

As it IS a misdemeanor and potentially subject to jail time, you might consider consulting an attorney before your court date.

- Carl