Girlfriend wrongfully charged

[Friendsplacect]

I just realized something, last year my girlfriend plead Guilty to "Failure To Insure a Private Passenger Motor Vehicle" and here a year later I am reading the Statute and it applies the liability on the "Owner" not the "Operator" so the question is a year later and on probation is there anything can be done at this point?
here is the section;

Sec. 38a-371. (Formerly Sec. 38-327). Mandatory security requirements. (a)(1) The owner of a private passenger motor vehicle required to be registered in this state shall provide and continuously maintain throughout the registration period security in accordance with sections 38a-334 to 38a-343, inclusive. (2) The owner of a private passenger motor vehicle not required to be registered in this state shall maintain security in accordance with this section, in effect continuously throughout the period of its operation, maintenance or use as a motor vehicle within this state with respect to accidents occurring in this state.

(b) The security required by this section, may be provided by a policy of insurance complying with this section issued by or on behalf of an insurer licensed to transact business in this state or, if the vehicle is registered in another state, by a policy of insurance issued by or on behalf of an insurer licensed to transact business in either this state or the state in which the vehicle is registered.

(c) Subject to approval of the Insurance Commissioner the security required by this section, may be provided by self-insurance by filing with the commissioner in satisfactory form: (1) A continuing undertaking by the owner or other appropriate person to perform all obligations imposed by this section; (2) evidence that appropriate provision exists for the prompt and efficient administration of all claims, benefits, and obligations provided by this section; and (3) evidence that reliable financial arrangements, deposits or commitments exist providing assurance for payment of all obligations imposed by this section substantially equivalent to those afforded by a policy of insurance that would comply with this section. A person who provides security under this subsection is a self-insurer. A municipality may provide the security required under this section by filing with the commissioner a notice that it is a self-insurer.

(d) Except as provided in subsection (b) of section 14-213b, the owner of any private passenger motor vehicle required to be registered in this state who operates it or permits it to be operated in this state is guilty of a class C misdemeanor if he fails to provide the security required by this section.

(e) An owner of a private passenger motor vehicle with respect to which security is required who fails to have such security in effect at the time of an accident shall have all of the rights and obligations of an insurer under sections 38a-363 to 38a-388, inclusive, and shall remain subject to all the obligations of the Financial Responsibility Law, sections 14-112 to 14-133, inclusive.

(f) Upon receipt of a signed written request for suspension from the owner of a registered motor vehicle stating that such vehicle will not be operated upon any highway during a period of not less than thirty consecutive days, the insurer of such vehicle shall suspend, to the extent requested by the owner, insurance coverage afforded under the policy providing the security required by sections 38a-363 to 38a-388, inclusive, for such vehicle until notified by the owner that the coverage should be reinstated. During the period of suspension only, the provisions of subsections (a) to (e), inclusive, of this section shall not apply with respect to such vehicle, provided, if such vehicle is operated upon any highway by or with the permission of the owner during the period of suspension, the provisions of said subsections (a) to (e), inclusive, of this section, shall thereupon become applicable. As used in this subsection, "highway" shall be defined as in section 14-1. This subsection shall not apply to a motor vehicle for which proof of financial responsibility is required under the provisions of sections 14-112 to 14-133, inclusive.

[farmer_giles_of_ham]

Is she listed as the legal owner? More importantly, was she alleged to have been the owner by the prosecution?

if not, then post-conviction relief act, and eventually habeas corpus on exactly the grounds you mentioned.

It's amazing (to me) but it happens all the time- basic failure to allege the elements of the offense charged.

[Friendsplacect]

Is she listed as the legal owner? More importantly, was she alleged to have been the owner by the prosecution?

Thanks for your response. no she is not listed as the legal owner, I am. I dont believe she was alleged of this but I will have to get the Court Transcripts to verify. I remember now mentioning this to the Piece Of *** Public Defender at the time and he said it didnt matter LOL!

[farmer_giles_of_ham]

typical misconduct and fraud. Happens to everyone one way or another. All this esoteric jurisdiction stuff may be moot if the very obvious jurisdiction of the offense based on a stated claim is lacking.

[farmer_giles_of_ham]

BTW- get the transcripts but the order of operation is

1. Verified Affidavit- claim written down

2. Testimony- allegations claimed in person under oath

testimony without initial information (written complaint) is insufficient.

and written allegations without testimony must be struck.

more or less.