CA VC5201 - placement of plates, 2 tickets at once

[kfossi]

What is the name of your state (only U.S. law)? California

I only use my car once a week, and park it on a public street. For some reason someone stole my license plates along with the assemblies used to attach them to the car. As soon as I found out they were stolen I went to the DMV to get new plates. However, I did not manage to get replacement equipment to fix the plates to the car for the first few days, so I just taped them to the inside of the front and rear windshields. When I got back to my car after a few days there were 2 tickets for placement of plates that were written on the same day. The law says:

"License plates shall at all times be securely fastened to the vehicle for which they are issued so as to prevent the plates from swinging, shall be mounted in a position so as to be clearly visible, and so that the characters are upright and display from left to right, and shall be maintained in a condition so as to be clearly legible. The rear license plate shall be mounted not less than 12 inches nor more than 60 inches from the ground, and the front license plate shall be mounted not more than 60 inches from the ground, except as follows:"

It did not say the plates had to be fastened to the outside, but I suppose the windshield could be considered something that blocks the view. I have a feeling that argument is not strong enough to protest, but can they really write me 2 tickets? Can I protest 1 of the tickets? im not an expert with legal parlance, but it seems strange that I have 2 tickets that say placement of plates (with an S) when I only have 2 plates. Any chance to protest these?

Thanks,

k

 

[OHRoadwarrior]

One was for the front plate, the other for the rear. Since you would logically have reported the plates stolen, a police report should exist. Take the tickets to the police and request they amend the violations to correctable due to the circumstances. If not normally correctable in your county, you will then need to make an appearance to have the judge handle them.

 

[CdwJava]

It did not say the plates had to be fastened to the outside, but I suppose the windshield could be considered something that blocks the view. I have a feeling that argument is not strong enough to protest, but can they really write me 2 tickets? Can I protest 1 of the tickets? im not an expert with legal parlance, but it seems strange that I have 2 tickets that say placement of plates (with an S) when I only have 2 plates. Any chance to protest these?

Thanks,

k

A windshield and rear window are generally angled. The code says that they must be "securely fastened" so as to be "clearly visible, and so that the characters are upright" ... at an angle is not "upright," and the windshield and rear window can easily obstruct a view of the license plates. Not to mention the fact that being taped to a window is not the same as "securely fastened."

I assume these were parking cites. If they were, and assuming the two cites were issued on separate days, then they are certainly legal. You can always contest the citations and ask the hearing officer or panel if they might consider dismissing one of the cites and allow you to pay on the other one. It might also be possible that you can bring your stolen plates report to the hearing and essentially beg for mercy with your story (assuming you reported the theft to the police ... and you should have, and that you have not had the plates for more than a few days or a week or so).

If both parking cites were issued at the same time and one for the back and one for the front, then I'd say it's cheesy, but not necessarily unlawful. But, I suspect that a hearing officer would be willing to dismiss one if that were the case - I know that I would.

 

[CdwJava]

One was for the front plate, the other for the rear. Since you would logically have reported the plates stolen, a police report should exist. Take the tickets to the police and request they amend the violations to correctable due to the circumstances. If not normally correctable in your county, you will then need to make an appearance to have the judge handle them.

The parking cites are not typically able to be so amended. The process would be to schedule a hearing with the hearing officer or panel assigned by the agency to hear parking citation challenges and proceed from there. Only if the contested citation and the appeal to the local authority fails can the courts be accessed (for a small fee if you lose - about $50 last I checked).

And, yes, a police report should exist. It is my understanding that the DMV will not replace plates without such a report. But, strange things sometimes happen.

 

[OHRoadwarrior]

The parking cites are not typically able to be so amended. The process would be to schedule a hearing with the hearing officer or panel assigned by the agency to hear parking citation challenges and proceed from there. Only if the contested citation and the appeal to the local authority fails can the courts be accessed (for a small fee if you lose - about $50 last I checked).

And, yes, a police report should exist. It is my understanding that the DMV will not replace plates without such a report. But, strange things sometimes happen.

I am aware that is not typically an amendable offense. That is why I suggested they request the police dept amend the tickets. As you stated another method would be to take a copy of the police report to court.

 

[CdwJava]

I'm unaware of any approved process to amend parking citations, so I believe the only option would be to dismiss them. So, if he arranges to contest the citation he can speak with the hearing officer or panel assigned by the issuing agency, present his arguments or pleas, and hope for the best.

In the meantime, he would do himself a great favor by properly mounting the plates. The hearing officer or panel may have the option to apply a correction fee rather than the full fine and assessment, and that would - I believe - be preferable than paying the full amount.