How do you get your MVR cleared of a fictitious plates charge that wasn't your fault.?

Question

My boyfriend was drving his Company's vechile to a job site and got stopped by the NJ police for fictious plates. Later his boss corrected it by showing he just forgot to change them to the new plates. But here is the kicker it's still on my boyfriend's record! Why? He is not the owner or knew about it plus it's affecting his soon to be new job even with a letter it's still on the MVR. HELP

Answer 1

Once you are charged with a traffic violation, it will always be on your permanent DMV record. It can not be removed, no matter what the end disposition is.

Answer 2

If it is a strict liability offense, then it can many times not matter if you knew or not. If it is a serious criminal charge they have to prove a mental state and that would mean that they would have to prove you knew they were fake and let them be on your car anyway. I don't know if that is a strict liability offense, but it could be. Parking tickets and speeding tickets are generally strict liability but they are only violations. However, there are more serious strict liability offenses like statutory rape, so who knows. Guess it depends on your jurisdiction's laws. Mistake of fact can be a defense sometimes, but mistake of law is never a defense - which it appears you already knew. I would try the mistake of fact defense and try to say you thought they were real because you were told whatever you were told. I would fight it either way. You never said how serious the charge was, so if it is serious, definitely see a lawyer about this. Not a bad idea to see one in any case actually. If you go to court without a lawyer, make sure you at least bring all your documents you have about purchasing the car. That way, your argument will hold more water.

Answer 3

A driver is charged with the legality of the vehicle he is operating. Even if it wasn't his car and he was unaware of the violation, it is still his responsibility as the driver of the vehicle.