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Does NY VTL-512 (no driving vehicle with suspended registration) imply "knowing"?

Harrison, NY |
Filed under: Criminal charges

I was charged under VTL-512 (suspended registration). I was driver but not owner. Neither driver nor owner was aware of suspension. Owner did not change mailing address when moved. Does VTL-512 imply the driver must be "knowingly" driving with suspended registration? Some other states (e.g. GA) include the word "knowingly" in their laws, but NY does not.

Attorney Answers 2

  1. No. There is no "knowingly" requirement under NYS law here. You should have the owner register and plead not guilty. At court, explain what happened, show the prosecutor the new registration and it will get reduced.

    If you found this "helpful" or "best answer," please click it with my appreciation. This response does not constitute legal advice and does not create an attorney client relationship. Thank you and good luck.

  2. You desire to argue public policy fruitlessly. Essentially, if the law only held the owner liable, if he let his brother drive the car all the time and he never drove it, nobody could be ticketed if the owner did not know of the suspension. Fair or not, mens rea (criminal intent) is not required.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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