Officer profiling cars to pull over. Should I defend or just pay up?

[winstea21]

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

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

Basically I was pulled over on the highway for not displaying front license plate. Although the plate was on the dashboard, the officer didn't car. What makes me feel I was being profiled was because of the following:

(these questions were asked after recieving the ticket)

-The officer stated and assumed I did not want my car too look bad, that's why I don't display the plate on the front bumper

-He also felt proud enough to tell me that he pulled over a lambo before for no front plates.

-I asked him why couldn't he of pulled over somebody else with no plate at all or one of the many speeders passing me. He responded, "Do I should be writing tickets based on how dangerous the misconduct is?"

Lastly, I told the officer I was told by another officer before that as long as I display the plate on my dash, that I was fine.

A friend of mine was pulled over for a different violation 2 days later. He had no front plate. The office said the same thing, just make sure you have it on your dash to display.

 

[Zigner]

What EXACT code section were you charged with violating?

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

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

Basically I was pulled over on the highway for not displaying front license plate. Although the plate was on the dashboard, the officer didn't car. What makes me feel I was being profiled was because of the following:

(these questions were asked after recieving the ticket)

-The officer stated and assumed I did not want my car too look bad, that's why I don't display the plate on the front bumper

-He also felt proud enough to tell me that he pulled over a lambo before for no front plates.

-I asked him why couldn't he of pulled over somebody else with no plate at all or one of the many speeders passing me. He responded, "Do I should be writing tickets based on how dangerous the misconduct is?"

Lastly, I told the officer I was told by another officer before that as long as I display the plate on my dash, that I was fine.

A friend of mine was pulled over for a different violation 2 days later. He had no front plate. The office said the same thing, just make sure you have it on your dash to display.

 

[winstea21]

I don't know what the code was but..

"OTHER OFFENSE" box was checked: and the description he wrote was "FAIL TO DISPLAY FRONT TAG"

 

[Zigner]

The dashboard is not the "front" of the vehicle...


4503.21 Display of license plates and validation stickers or temporary license placard or windshield sticker.

(A) No person who is the owner or operator of a motor vehicle shall fail to display in plain view on the front and rear of the motor vehicle the distinctive number and registration mark, including any county identification sticker and any validation sticker issued under sections 4503.19 and 4503.191 of the Revised Code, furnished by the director of public safety, except that a manufacturer of motor vehicles or dealer therein, the holder of an in transit permit, and the owner or operator of a motorcycle, motorized bicycle, manufactured home, mobile home, trailer, or semitrailer shall display on the rear only. A motor vehicle that is issued two license plates shall display the validation sticker only on the rear license plate, except that a commercial tractor that does not receive an apportioned license plate under the international registration plan shall display the validation sticker on the front of the commercial tractor. An apportioned vehicle receiving an apportioned license plate under the international registration plan shall display the license plate only on the front of a commercial tractor and on the rear of all other vehicles. All license plates shall be securely fastened so as not to swing, and shall not be covered by any material that obstructs their visibility.

No person to whom a temporary license placard or windshield sticker has been issued for the use of a motor vehicle under section 4503.182 of the Revised Code, and no operator of that motor vehicle, shall fail to display the temporary license placard in plain view from the rear of the vehicle either in the rear window or on an external rear surface of the motor vehicle, or fail to display the windshield sticker in plain view on the rear window of the motor vehicle. No temporary license placard or windshield sticker shall be covered by any material that obstructs its visibility.

(B) Whoever violates this section is guilty of a minor misdemeanor.

Effective Date: 01-01-2004

 

[I_Got_Banned]

Here's the closest thing I could find:

4503.21 Display of license plates and validation stickers or temporary license placard or windshield sticker.

(A) No person who is the owner or operator of a motor vehicle shall fail to display in plain view on the front and rear of the motor vehicle the distinctive number and registration mark, including any county identification sticker and any validation sticker issued under sections 4503.19 and 4503.191 of the Revised Code, furnished by the director of public safety, except that a manufacturer of motor vehicles or dealer therein, the holder of an in transit permit, and the owner or operator of a motorcycle, motorized bicycle, manufactured home, mobile home, trailer, or semitrailer shall display on the rear only. A motor vehicle that is issued two license plates shall display the validation sticker only on the rear license plate, except that a commercial tractor that does not receive an apportioned license plate under the international registration plan shall display the validation sticker on the front of the commercial tractor. An apportioned vehicle receiving an apportioned license plate under the international registration plan shall display the license plate only on the front of a commercial tractor and on the rear of all other vehicles. All license plates shall be securely fastened so as not to swing, and shall not be covered by any material that obstructs their visibility.​

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So does your placing your plate on your dash qualify it as being "in plain view on the front... of the vehicle" and "securely fastened"?

I doubt it... But you're free to press you luck! let us know how it works out...

 

[winstea21]

Thank you for your help.

I pretty much know that I'm guilty but can I say anything about him profiling me? A guy in his 20s in a sports car? Nobody in SUVS, mini vans will ever get pulled over for no front plates. Everybody knows that.

He clearly says, "you guys just don't want your car looking bad".

and was very proud of that fact that he pulled over a lambo.

Also, he could of waited 5 seconds to catch a car with no plates showing at all. As I was waiting for the ticket, I saw atleast 20 cars with no plates at all.


Maybe if I can get the officer's name that said it's fine to place in the window?


Lastly, does it cost me anything for trying my luck in court?

thanks again for the help!

 

[HappyWanderer]

It's not profiling if they have probable cause to pull you over.

 

[CdwJava]

Even the Supreme Court has ruled that the subjective reason an officer pulls you over is NOT RELEVANT so long as there is a lawful reason to conduct the detention (the traffic stop). So, if he was "profiling" you for some reason, he was able to do so because you had violated the law.

Understand that PROFILING is not against the law. Treating someone differently or singling them out SOLELY on the basis of their affiliation with, or perceived affiliation with, a protected class can it be unlawful.

And what another officer says is not relevant. The other officer - if, indeed, there WAS another officer that said such a silly thing - may interpret the law a different way, or it may be his personal preference.

You are free to go to court and argue that the plate was properly and legally mounted as required by the code. Good luck with that.

 

[You Are Guilty]

Nor is it remotely illegal to profile people who do not have plates attached to the front of their vehicle.

 

[winstea21]

Oh, ok... well from your guys' response, it seems like I don't have an agruement at all.

So again, none of these points can help me at all?

-he assumed I did not want to place the plate on the front because it would make my car look bad.

-he argues that he shouldn't have the need to write tickets based on how dangerous the misconduct was... and that he would rather catch me than a speeder.

-he pulls me over before pulling others over that are not showing plate at all. I feel I'm atleast trying to obey the law by placing my plate on my front windshield. I'm sure there are hundreds of cars that passed infront of me with no plates at all. Obviously, I can't prove this but if you were to sit on the side of the highway during rush hour in Ohio. I'm willing to bet 1 out of 20 cars will have no plates at all. I feel this is a sure sign of him picking out sports car first. Him bragging about pulling of a lambo further proves his interest in pulling over sports cars over mini vans.

 

[I_Got_Banned]

-he assumed I did not want to place the plate on the front because it would make my car look bad.

A valid assumption and one that in no way is a violation of any of your rights. It's a mere comment, if you feel you want to make an issue of it then so be it. I don't think it will accomplish anything.

Point is, driving without a front plate gives him (as well as any other officer) a valid reason to pull you over. If you want to put up with the hassle of it happening frequently then so be it, keep your plate on your dash instead of on your bumper. If not, drill two holes and comply with the requirements.

-he argues that he shouldn't have the need to write tickets based on how dangerous the misconduct was... and that he would rather catch me than a speeder.

Another mere "comment"... In other words, he pulled you over for being "in violation", the severity of which has no bearing on your guilt or innocence of such a violation.... And as long as he can articulate that a violation did occur, then your argument that you should be let go because he should be catching thieves, murderers and drunk drivers does not hold much water.

 

[I_Got_Banned]

-he pulls me over before pulling others over that are not showing plate at all. I feel I'm atleast trying to obey the law by placing my plate on my front windshield. I'm sure there are hundreds of cars that passed infront of me with no plates at all. Obviously, I can't prove this but if you were to sit on the side of the highway during rush hour in Ohio. I'm willing to bet 1 out of 20 cars will have no plates at all. I feel this is a sure sign of him picking out sports car first. Him bragging about pulling of a lambo further proves his interest in pulling over sports cars over mini vans.

A friend of mine who works in the Highway Patrol has a saying... "one at a time"... he will brag about pulling a "double" or a "triple" every once in a while (especially with speeders which could be a difficult task)... But just because others are in violation does not mean you are not subject to being cited.

And if I had a Lambo, first, I could afford paying the fine(s) and second, regardless of how many times I got cited for an infraction, I wuld still drive (in violation) before I would drill a lambo bumper...

As for mini vans, how many have you seen without front plates???

 

[winstea21]

Thanks for all the answers. I completely understand. However, let me ask you all one last question. If you were in my shoes, what would you do? I keep reading these statistics about you have 50% chance of a ticket being thrown out...

I'm 22 and I have a spotless driving record. By what has been explained me to, I am at fault and the officer had every right to do what he did. but the thing is... I know for a fact that he pulled me over for driving a sports car with no front plates.

If you guys don't believe me, take a look when you're driving next time. There are thousands of people driving front plates. And yes, even mini vans. (obviously this doesn't apply if your state has no plate laws)

If you're even more interested in this issue go on car forums. You'll come to realize certain cars get profiled for not having front plates. Mainly, your sports cars, or econo boxes wanna-be sports cars. (big spoilers blah blah)

If you go on a truck, suv forum you find almost no threads about issues with the law and front plates.

Ask the next person you see without front plates who owns a SUV, truck, or van. You'll find that they are not even aware that they are breakign the law and that they have been doing this for years.

I have a friend who drives a sports car that was pulled over 3 times for not having front plates. His second car, a chevy tahoe also has no plates. He has never been pulled over ONCE in that suv.

 

[CdwJava]

Oh, ok... well from your guys' response, it seems like I don't have an agruement at all.

So again, none of these points can help me at all?

He can make any assumption he wants so long as he acts based upon the factual information at hand. He was correct in that he is not required to write citations only for "dangerous" violations and he can even argue that he prefers equipment violations over speeders. From experience, we tend to find more wanted fellows in cars with equipment issues than in those that are simply speeding, anyway. Plus, it can be harder to make a case for speeding if you do not have radar, or do not get a good pace on a car. In the city, equipment violation are much more likely than speed ones. On the highway, either could be just as good. He can also decide who to pull over. He does not have to pull over everyone to be able to pull over you. Even if they have no plates at all ...

Obviously, I can't prove this but if you were to sit on the side of the highway during rush hour in Ohio. I'm willing to bet 1 out of 20 cars will have no plates at all. I feel this is a sure sign of him picking out sports car first. Him bragging about pulling of a lambo further proves his interest in pulling over sports cars over mini vans.

And, unless your state has placed vehicles in to a class of protected ... persons(?) ... that is perfectly lawful. Remember, the USSC has ruled that the subjective reason behind a stop is irrelevant if there is a legal reason for the stop.

 

[CdwJava]

You have NO defense based on what you refer to as his profiling.

At this point, I suppose you can go into court and hope the officer does not show ... or, you can pay the fine and be done with it. Or, you can try to prove that the plates were properly mounted within the law.