My car was parked on the street but i didn't have insurance, so its registration was canceled. It got towed but i didn't receive any ticket. Now i got to go to court. I don't know what can happen and im afraid. What can happen?
You should retain counsel for this court hearing. You still may be able to "fix" this before it moves forward in the criminal court.
I wish you luck,
Anthony Rao, Esq.
www.lawrao.com
Deborah Gwen RoherEmployment / Labor AttorneyFall River, MA ·
On the facts as you tell them, what usually happens is that the city tows the car and stores it, but if its value is less than the cost of towing and storage, the city may just sell it for scrap. The office of the city parking clerk should be able to tell you where it is being stored. Parking, as opposed to driving, an uninsured and unregistered car is usually not a criminal offense.
If you received a paper summoning you to court, it should refer to a law allegedly violated, using the formula "G.L. c. ___, sec. ___." That is a reference to a chapter and section of Massachusetts General Laws, and this reference in turn would allow you or a lawyer to determine the maximum possible penalty.
If you are charged with M.G.L. c.90 s.34J "Operating a motor vehicle without a liability policy", this includes leaving it on a public way, as well as actually operating it, and carries a minimum fine of $500, a maximum fine of $5,000.00, a maximum incarceration of one year, or both.
M.G.L. c.90 s.9, which includes leaving an unregistered motor vehicle on a public way, is punishable by a $100.00 fine for a first offense; more for subsequent offenses.
M.G.L. c.90 s.22B deals with abandonment of a motor vehicle. It can be dealt with either criminally, where it carries a $250.00 fine and possible 3 mo. loss of license and/or one year ban on registering a vehicle.
On a city-by-city basis, abandonment can also be dealt with on a non-criminal basis, with a $250 civil assessment plus towing and disposal costs.
Since you don't say exactly what you are being charged with, I can only say what COULD happen.
If you can possibly afford it, I would re-register it, re-insure it, get it back from the tow yard and either keep it, sell it or junk it depending on how good a car it is. You may or may not be able to sell it out of the tow yard without re-registering it.
You should find that the court will be sympathetic and deal with you fairly, if you are experiencing hard times, but making your best efforts to resolve the issue.
If you are charged with operating uninsured, you may be entitled to a public defender. Otherwise, if you can possibly afford it, you should consult with and possibly retain local counsel.
