Wrong License Plate

[stormchide]

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

I was recently given 2 tickets relating to my license plate. The first is according to the tickets under 40-2-20 of the Georgia code. This one I understand. The officer said that I was given this because I did not have the current license plate on. The second was for 40-2-5. This one I am unsure about because it relates to attempting to hide the identity of the car by using a license plate not for that car.

The plates for the car had been gotten about 2 weeks before. I had not been given them until less than a week before but had forgotten to put the plates on. I am unsure of whether or not it would be a good idea to plead not guilty on the 2nd ticket due to the fact that it was the old license plate for the that had simply not been changed yet. I had the plate in my car put had tossed my work shirt on top of it and then simply not seen it.

 

[justalayman]

O.C.G.A. 40-2-5 (2010)
40-2-5. Use of license plate for purpose of concealing or misrepresenting identity of vehicle; use of expired prestige license plate


(a) Except as otherwise provided in this chapter, it shall be unlawful:

(1) To remove or transfer a license plate from the motor vehicle for which such license plate was issued;

(2) To sell or otherwise transfer or dispose of a license plate upon or for use on any motor vehicle other than the vehicle for which such license plate was issued;

(3) To buy, receive, use, or possess for use on a motor vehicle any license plate not issued for use on such motor vehicle; or

(4) To operate a motor vehicle bearing a license plate which was improperly removed or transferred from another vehicle.

(b) Any person who shall knowingly violate any provision of subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine of not less than $500.00 or by confinement for not more than 12 months, or both.

(c) It shall not be unlawful for any person to place an expired prestige license plate on the front of a motor vehicle provided that such vehicle also bears a current valid license plate on the rear of such vehicle.

I did not read the other statute thoroughly but it appears to not have anything to do with the plate itself but a requirement to register the vehicle, which you state you had.

So, it would appear you are not guilty of the law you are willing to admit to but guilty of the law you are questioning.

 

[sandyclaus]

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

I was recently given 2 tickets relating to my license plate. The first is according to the tickets under 40-2-20 of the Georgia code. This one I understand. The officer said that I was given this because I did not have the current license plate on. The second was for 40-2-5. This one I am unsure about because it relates to attempting to hide the identity of the car by using a license plate not for that car.

The plates for the car had been gotten about 2 weeks before. I had not been given them until less than a week before but had forgotten to put the plates on. I am unsure of whether or not it would be a good idea to plead not guilty on the 2nd ticket due to the fact that it was the old license plate for the that had simply not been changed yet. I had the plate in my car put had tossed my work shirt on top of it and then simply not seen it.

I'mi wondering how it was that you had two different license plates for the car in the first place? If you already had a set of valid plates, why did it become necessary to obtain a second set?

 

[OHRoadwarrior]

It appears you were cited for two things; First, not having correct plates on and Second, having fraudulent plates on. You could have been driving with no plates on and avoided the second ticket.

 

[justalayman]

It appears you were cited for two things; First, not having correct plates on and Second, having fraudulent plates on. You could have been driving with no plates on and avoided the second ticket.

I saw nothing about the display of a license plate in the first statute cited. It merely required a vehicle to be registered prior to driving it on the roadways. OP had registered the vehicle and actually possess the plates. He simply did not install them.

 

[OHRoadwarrior]

I saw nothing about the display of a license plate in the first statute cited. It merely required a vehicle to be registered prior to driving it on the roadways. OP had registered the vehicle and actually possess the plates. He simply did not install them.

The reference in 40-2-20 is that the vehicle is registered in accord with the chapter. He violated that, by failure to comply with 40-2-8.

 

[justalayman]

The reference in 40-2-20 is that the vehicle is registered in accord with the chapter. He violated that, by failure to comply with 40-2-8.

How do you come to that conclusion?

The display of the plate is not not registering the vehicle as required by 40-2-20. If it is a violation of 40-2-8, it would allow a citation for a violation of that section. It would not allow a citation for a violation of 40-2-20 though. His vehicle is legally registered which is what 40-2-20 requires.


excerpt from 40-2-8

(b)(1) Any vehicle operated in the State of Georgia which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owneŕs risk and expense by any law enforcement officer of the State of Georgia, unless such operation is otherwise permitted by this chapter. (2)(A) It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated, unless such operation is otherwise permitted under this chapter; and provided, further, that the purchaser of a new vehicle or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle;

 

[OHRoadwarrior]

How do you come to that conclusion?

The display of the plate is not not registering the vehicle as required by 40-2-20. If it is a violation of 40-2-8, it would allow a citation for a violation of that section. It would not allow a citation for a violation of 40-2-20 though. His vehicle is legally registered which is what 40-2-20 requires.


excerpt from 40-2-8

I read it to infer the process of legal registration also involves the plate being properly affixed to the vehicle.

 

[stormchide]

Justalayman,

The thing about the plates was that they were the original plates for the car so would it still technically have violated that particular statute since they were plates that had been registered for the car previously? Also the top portion of the statute talks about attempting to conceal or misrepresent the identity of the vehicle, which I had no intent to do.

sandyclaus,

I don't actually know. I do not own the car in question, but rather am the most prolific user of the car. The owner told me to switch the plates very recently and I had put the correct plate in the car but simply forgot to switch them do to something getting put on top of the plate.

 

[illegalbeagle]

its kind of meaningless what anyone's interpretations are. plead not guilty period. make the officer show up in court. cross examine about which section you are charged under, if the plate is supposed to be from another vehicle then which other one did it belong to? what was the make and model? he wont have an answer, because there isnt one. they dont think these things through, its automatic pilot.

it also depends on the procedure for georgia. in other states there is an automatic new, fresh trial at the real court level, if you wish. we rarely win anything at the magistrate level... they dont care. "im going to find you guilty, and you can appeal it". i find it better to waive the question into the real court (common pleas, district, whatever its called in georgia) and start there.

offer to plea to the lesser of the two, make a deal.

 

[LdiJ]

I'mi wondering how it was that you had two different license plates for the car in the first place? If you already had a set of valid plates, why did it become necessary to obtain a second set?

Well, in my state every three to four years the state issues completely new plates when you renew your registration, not just new stickers. This of course is based on the theory that the license plate isn't going to last forever...that eventually its going to rust out etc., and need to be replaced. I would assume that most states would have similar policies.

 

[Zigner]

Well, in my state every three to four years the state issues completely new plates when you renew your registration, not just new stickers. This of course is based on the theory that the license plate isn't going to last forever...that eventually its going to rust out etc., and need to be replaced.

I like your answer up to that point...

I would assume that most states would have similar policies.

It's not a good thing to make assumptions. The largest state (by population) in the country doesn't reissue plates as you suggest...personally, I would assume the opposite of what you assume.

 

[justalayman]

To LdiJ's north they will issue a new plate if requested but unless it is, the current plate simply gets a sticker every year. In Oregon (unless it's changed), not only do they not issue new plates unless requested, the plate stays with the vehicle when ownership transfers. That means even when a car is sold, there is no new plate issued to it.

 

[TheGeekess]

To LdiJ's north they will issue a new plate if requested but unless it is, the current plate simply gets a sticker every year. In Oregon (unless it's changed), not only do they not issue new plates unless requested, the plate stays with the vehicle when ownership transfers. That means even when a car is sold, there is no new plate issued to it.

And in Alabama, the plate does NOT stay with the car. Which has no bearing on what happens in GEORGIA.

 

[Zigner]

And in Alabama, the plate does NOT stay with the car. Which has no bearing on what happens in GEORGIA.

The point of the post was to sho LdiJ that her assumption was not a good idea.