Might Have Run Stop Sign, Got Ticketed for Unclear Plates Instead. Worth Fighting

[wantsomehelp]

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

I was pulled over by a cop recently for running a stop sign. I'm not quite sure if I actually ran the stop sign, but its possible that I came to a running stop rather than a full stop. In short, I don't debate that I might have actually run the sign. When he came to my window, he explained what I had done and said he had a video of my running the stop sign. I didn't choose to watch the video so he took my papers and came back saying he was letting me off this time with a minor ticket, and that I should be more careful.

He gave me a ticket for a 'Improper Display/Unclear Plates' (39:3--33) citing the fact that the dealer-provided black plastic frame was still around the license plate. I'm sure we've all seen these -- realistically they don't really obscure any text on the license plate. No other markings or covers on my plates. Per letter of the law:

For passenger vehicles, one plate should be attached to the front of the vehicle and the other to the rear at least 12 inches but less than 48 inches above the ground. Both plates must be clean and visible. The rear plate must be lighted so it is visible from 50 feet at night, even with reflectorized plates (N.J.S.A. 39:3-48b). Using license plate covers or holders that obscure or conceal any lettering on the license plate is a violation, with a fine of up to $100.

(emphasis mine, text from DMV manual)

Its a zero-point violation, $54 fine. My record isn't the cleanest, have had some careless driving violations in the past. I was wondering:

• Should I just pay the fine and thank my lucky stars?
• Can I chance going to court, showing the judge pictures (maybe make the case they aren't really obscuring?), showing that they are removed now anyway, and hope the judge will dismiss? I read a couple of posts online where people did get away by doing these.
• Assuming the officer testifies, is there a chance he will report my stop sign violation and I get screwed anyway?

Any help/thoughts are much appreciated. Thanks.

 

[You Are Guilty]

Should I just pay the fine and thank my lucky stars?

No one can answer this but you and your conscience.

Can I chance going to court, showing the judge pictures (maybe make the case they aren't really obscuring?), showing that they are removed now anyway, and hope the judge will dismiss? I read a couple of posts online where people did get away by doing these.

"Can" as in "are you permitted"? Then yes, of course. However, see below.

Assuming the officer testifies, is there a chance he will report my stop sign violation and I get screwed anyway?

You bet. They can potentially amend the charge in court (which is often why the officer will make notes on the citation about your "actual" offense). They also have a lot of time (generally, one year) to issue you the new ticket after the fact as well.

Also see: https://forum.freeadvice.com/speeding-other-moving-violations-13/can-police-officer-change-charge-traffic-ticket-suddently-trial-581825.html

 

[Zigner]

I'm not quite sure if I actually ran the stop sign, but its possible that I came to a running stop rather than a full stop. In short, I don't debate that I might have actually run the sign.

I am glad that you acknowledge that you may have run the sign. What I am posting here is more for others who might happened upon this thread.

There is no such thing as a "running stop". You have either stopped, or you haven't. There is no "in between" - there is not "rolling stop" - there is only stopping or not-stopping.

 

[HighwayMan]

It's very rare that a license plate frame doesn't obscure plate lettering - and that doesn't necessarily apply ONLY to the registration characters on the plate but ANY lettering on the plate - including the words "Garden State" at the very bottom.

I think you should look at the ticket as a gift and just pay it. It's a very small fine and no points. If the charge gets amended in court or if the ticket is re-issued for the stop sign charge you're looking at a heavy hit - especially with your stellar driving record.

 

[Cali408nia]

Wow, gotta add this to my list of shockers. Gonna have to research if plate frames are prohibited out here.... everyone's got em. Plate shields (whether clear or not) I knew were illegal, but I've never heard of plate frames being so.

 

[Zigner]

Wow, gotta add this to my list of shockers. Gonna have to research if plate frames are prohibited out here.... everyone's got em. Plate shields (whether clear or not) I knew were illegal, but I've never heard of plate frames being so.

If it obscures the plate - yes, that's a problem.

 

[aldaron]

In CA we have what we call a rolling stop and its legal in our minds, remember CA has liberal definintions of things.

 

[HighwayMan]

In CA we have what we call a rolling stop and its legal in our minds, remember CA has liberal definintions of things.

Not according to the California Vehicle Code.

 

[justalayman]

Wow, gotta add this to my list of shockers. Gonna have to research if plate frames are prohibited out here.... everyone's got em. Plate shields (whether clear or not) I knew were illegal, but I've never heard of plate frames being so.

VC 5201
(f) A covering shall not be used on license plates except as follows:

(1) The installation of a cover over a lawfully parked vehicle to protect it from the weather and the elements does not constitute a violation of this subdivision. A peace officer or other regularly salaried employee of a public agency designated to enforce laws, including local ordinances, relating to the parking of vehicles may temporarily remove so much of the cover as is necessary to inspect any license plate, tab, or indicia of registration on a vehicle.

(2) The installation of a license plate security cover is not a violation of this subdivision if the device does not obstruct or impair the recognition of the license plate information, including, but not limited to, the issuing state, license plate number, and registration tabs, and the cover is limited to the area directly over the top of the registration tabs. No portion of a license plate security cover shall rest over the license plate number.

(g) A casing, shield, frame, border, product, or other device that obstructs or impairs the reading or recognition of a license plate by an electronic device operated by state or local law enforcement, an electronic device operated in connection with a toll road, high-occupancy toll lane, toll bridge, or other toll facility, or a remote emission sensing device, as specified in Sections 44081 and 44081.6 of the Health and Safety Code, shall not be installed on, or affixed to, a vehicle

Sounds like it is best to not obscure anything on the plate but I don't see where having a cover over the plate itself is necessarily illegal BUT it is open for interpretation as to whether it impairs the recognition of the license plate info.

 

[wantsomehelp]

Your points are all well-taken and very valid -- I did not know about the amending charges before this. I wasn't seriously considering contesting the ticket anyway, but thought I should see what crowd-wisdom had to say

Thank you all for the input!

 

[Cali408nia]

Thanks JAL, I found that 2 minutes after I posted. "obstruct or impair" could definitely be subjective. My frame obstructs the serial number (or some kind of number) on my registration sticker, but not the actual year itself. I'll have to reposition the new sticker I get in a couple of months. And it also cuts off like 1 mm off the top C and F of California... like it really impairs anyone trying to figure out what state it's from... lol.