Can an officer give a ticket for expired inspection if the car is registered out of state?
Answer
New York Vehicle & Traffic Law § 250 (1) requires:
1. Except as otherwise provided in subdivision three of this section, the provisions of this chapter relative to the registration and equipment of motor vehicles, motorcycles and trailers and the display of registration numbers shall not apply to a motor vehicle, motorcycle or trailer owned by a non-resident of this state, provided that the owner thereof shall have complied with the provisions of the law of the foreign country, state, territory or federal district of his residence relative to registration and equipment of such motor vehicle, motorcycle or trailer, as the case may be, and the display of registration numbers thereon, and shall conspicuously display his registration numbers as required thereby.
Case law also notes that the burden of proof is on the defendant to show than an exemption applies (People v Uzzolino, 14 AD2d 559 [2d Dept 1961], People v Nettleton, 57 Misc 2d 854 [Just Ct, Herkimer County 1968])