Wednesday, August 8, 2018

Fancy Cars

A complaint recently filed by the Illinois Administrator

 Pursuant to section 3-501 and 3-502 of the [Illinois Vehicle] Code, when an owner of a registered vehicle transfers or assigns his title to that vehicle to another individual, the registration of the vehicle expires upon the transfer of the title. The transferee must apply for and obtain registration for the vehicle within 20 days from the date of purchase, and before operating that vehicle upon a highway.

On or about November 18, 2014, Respondent purchased a 2011 Jaguar ("Jaguar")  from Ryan Henrichs ("Henrichs"). Respondent did not apply for a new certificate of title or register the Jaguar with the Secretary of State until August 21, 2015.

On November 30, 2016, Respondent purchased a 2003 Cadillac ("Cadillac") from Dylan Bechtold. As of December 13, 2016, Respondent had not applied for a new certificate of tile or registered the Cadillac with the Secretary of State.

On December 13, 2016, Respondent was driving the Cadillac on North Main Street in Edwardsville, Illinois. Andrew Feller ("Feller"), an Edwardsville police officer, stopped Respondent for talking on his cellphone while driving. The officer discovered that the license plates on Respondent’s Cadillac were registered to the Jaguar, and that Respondent had not yet applied for or obtained registration for the Cadillac. Respondent told the officer that he just purchased the Cadillac on the previous day and had not yet registered the vehicle in his name. The officer requested proof of insurance, but Respondent did not provide proof of insurance for the Cadillac. The officer issued Respondent three citations: a) operating an uninsured motor vehicle without having proof of insurance for the Cadillac; b) improper registration for not registering the Cadillac with the Secretary of State, and c) improper use of an electronic communication device for talking on his cellphone while driving.

Respondent’s statement to the officer that he had purchased the Cadillac the previous day was false because he purchased the Cadillac on November 30, 2016.

At the time Respondent made the statement to Feller alleged...above, Respondent knew that the statement was false.

On December 21, 2016, Respondent registered the Cadillac with the Illinois Secretary of State.

The hearing on the three citations was set for January 11, 2017, in the Circuit Court of Madison County.

On or before January 11, 2017, Respondent altered an outdated insurance card of the prior owner of the Jaguar to reflect that JW Insurance Group provided insurance coverage for the Cadillac effective December 3, 2016.

Respondent’s alteration of the card was false because Respondent had not obtained insurance for the Cadillac.

On January 11, 2017, Respondent appeared in the Circuit Court of Madison County regarding the three traffic citations he received on December 13, 2016. In court, Respondent produced the altered insurance card to Assistant State’s Attorney Phillip Voss ("Voss").

At the time Respondent tendered the altered insurance card to Voss, Respondent did not have insurance on the Cadillac, and Respondent knew that the insurance card falsely represented that he had such coverage for the Cadillac on the date of the citation.

Upon receiving the fraudulent insurance card, Voss agreed to the dismissal of the citation for operating an uninsured motor vehicle. Respondent received 90-days court supervision and a fine for both the improper use of an electronic communication device and the improper registration citations.

As a result of further investigation

On February 9, 2017, the Madison County State’s Attorney filed a 2-count criminal complaint against Respondent. In Count I, the State’s Attorney charged Respondent with making a false statement under oath or affirmation regarding the date of a vehicle sale which Respondent knew was false (perjury), a Class 3 Felony. In Count II, the State’s Attorney charged Respondent with knowingly delivering a document (proof of insurance card) to a Madison County State’s Attorney with the intent to defraud (forgery), a Class 4 Felony. The case was docketed in Madison County as The People of the State of Illinois vs. David K. Elliott, with the case number 17 CF 403.

On April 6, 2018, Respondent pled guilty to the charge in Count I of case number 17 CF 403. The prosecutor dismissed Count II. The court sentenced Respondent to probation through TASC (Treatment Alternatives for Safe Communities) for 12 months and ordered Respondent to pay a $1,500 fine and complete 30 hours of public service.

He also is alleged to have made a false statement to an investigating detective. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2018/08/a-complaint-recently-filed-by-the-illinois-administrator-pursuant-to-section-3-501-and-3-502-of-the-code-when-an-owner-of-a.html

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