Attaching Plate or Tag Not Assigned Section 320.261, Florida Statutes

[namelesschaos]

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

Hello, I'm asking for some advice for my brother who got pulled over Saturday and has to go to court (haven't received a court date yet) because the family car he was driving had the wrong plate on it (Attaching Plate or Tag Not Assigned Section 320.261, ). We are planing to see an attorney tomorrow for a consultation.

After Googling it appears this should be easy for an attorney to defend. If I understand correctly the law says that one must knowingly put the wrong tag on the vehicle, which is difficult for the state to prove.

Here are the facts as best as I understand them.

a) The license plate that was on there was from an old car which we sold to a junker over a year ago. How it go on the new car I have no clue to be honest. We are all quite baffled with how this happened and how it wasn't caught before to be honest (he was even pulled over last year for a broken tail light and without this coming up making it even more perplexing). We only figured out it was the old car's plate because we had the old car's paper work around but...
b) He most definitely wasn't the one who put it on there at all let alone knowingly, he only drives the car, nothing else. Other then being listed as a designated driver on the insurance nothing in regards to the car: title, registration, insurance is in his name.
c) He was very confused and as far as he recalls he made no admission to putting the plate on the car when pulled over.
d) He has no prior criminal record.
f) Today we went to the tag agency got new correct plates for the car. We've also double checked that the other two vehicles in the family have all the correct tags and paper work.

Would appreciate any advice at all on how to proceed: What we should ask the attorney. What to expect. What to do before and after. Any thing at all would be appreciated.

Thank You.

 

[FlyingRon]

By the admissions made here, he's guilty. It's the driver's responsibility to make sure he is driving a properly registered vehicle. The rest of your story doesn't hold much water. You knew you hadn't put proper plates on the car the "I don't know how those plates got there" story isn't going to add up to a hill of beans.

But the lawyer can possibly see something in the details. The big question to ask him if his fee is going to be worth what he can do for you.

 

[adjusterjack]

By the admissions made here, he's guilty. It's the driver's responsibility to make sure he is driving a properly registered vehicle.

That's true, but that's not what he got cited for.

320.261 Attaching registration license plate not assigned unlawful; penalty.—Any person who knowingly attaches to any motor vehicle or mobile home any registration license plate, or who knowingly attaches any validation sticker or mobile home sticker to a registration license plate, which plate or sticker was not issued and assigned or lawfully transferred to such vehicle, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

He may actually have a defense if he can convince the judge that he's not the one who put the plate on the car.

Iffy, but possible.

Or maybe get it reduced to expired registration.

 

[xylene]

Stop being baffled on behalf of your brother.

 

[xylene]

"you honor we're all baffled."

that's not a defense.

 

[HighwayMan]

We are planing to see an attorney tomorrow for a consultation.

Then your brother should be asking the attorney instead of you posting questions on the Internet.