Police Using an Obscure Florida Law to Issue Tickets
Pinellas County police officers are using an obscure Florida statute that prohibits any obstruction of your license plate to justify a stop of your vehicle and to issue you a ticket. More specifically, merely having a partial obstruction will subject you to a ticket. For example, if your license plate frame partially covers the words "Florida," "Sunshine State." "Pinellas," or "My Florida.Com" you could be setting yourself up for a police encounter.
Taking a Look at the Law Itself
Under Florida Statute Section 320.061 “A person may not apply or attach a substance, reflective matter, illuminated device, spray, coating, covering, or other material onto or around any license plate which interferes with the legibility, angular visibility, or detectability of any feature or detail on the license plate or interferes with the ability to record any feature or detail on the license plate. A person who violates this section commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318."
Some Common License Plate Frame Violations
Car dealer frames, sports fan enthusiasts who display their favorite team's logo, religious symbols and even tag frames as innocent as "soccer mom" can lead to a ticket for a "moving violation." Each of the images above reflect a violation of the law. However, these plates represents only a small sampling of potential violations in the Tampa Bay area.
Penalties for Partial Obstruction of Florida License Plate
A conviction for a tag obstruction carries a mandatory minimum $166.00 fine and three points on your driving record. However, once the vehicle is stopped for the tag obstruction violation, it can be all downhill from there. Other tickets and more serious criminal charges could follow if the driver can't produce his registration / insurance card, equipment violations are uncovered.
The Stop of Your Vehicle Can Lead to Additional Problems...
Clients have recently begun visiting our office on possession of drug charges that arose because of their improper their license plate frames. Take the time and make an effort to inspect your motor vehicle for anything that could unduly draw attention to your vehicle. Don't let your license plate frame, inoperable brake light or turn signal give the police the ability to effectuate a traffic stop.
Keep in mind that police officers have little interest in your custom license plate frames. To the contrary, these minor traffic infractions are being used to effectuate a “pretextual stop” to investigate other possible law violations. For example, it affords the officer to check for the possibility of an outstanding arrest warrant. The stop of your vehicle could also lead to criminal charges such as DUI or Driving on a Suspended License. In many cases, it gives the police officer the opportunity to smell the interior of a motorist’s vehicle to detect the odor of recently smoked marijuana. This in turn routinely leads to a search of the vehicle and the arrest of the occupants for the charge of possession of marijuana or possession of drug paraphernalia.
If you do run into problems... We are here to help!
Related Links:
Traffic Ticket Lawyer - Before You Pay... Call Us First
How to Select the Right Pinellas County Attorney
Pinellas Red Light Camera Locations
WFLA License Plate Frame Article
WPLG License Plate Frame Video
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