Attaching a Tag Not Assigned in Florida
When it comes to criminal traffic offenses in Florida, the law about attaching a license plate or tag not assigned is pretty straightforward. According to Florida Statute 320.261, “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 …”
A conviction is punishable by up to 60 days in jail or six months in jail, probation, and a $500 fine. And, since it is a criminal offense, not just a traffic citation, you could wind up with a permanent criminal record. Facing criminal charges of any kind is a serious situation and it’s always best to consult a criminal defense attorney. If you’ve been arrested or charged with a crime in Central Florida, contact the Orlando criminal defense lawyers at the Rivas Law Firm. Call (407) 349-4211 for a free consultation.
Can you Drive Without a Tag Not Assigned?
According to Florida Statute 320.02, every motor vehicle driven on Florida roads must be properly registered. The vehicle must display a license plate (tag) with a validation decal – the little sticker you affix to the plate to show that your registration is current.
And the state defines a “motor vehicle” pretty much as anything with wheels being driven on Florida roadways:
(a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicles as run only upon a track, bicycles, or mopeds. (b) A recreational vehicle-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle.
The state assigns a registration and tag to a single specific vehicle. It is against the law to transfer assigned tags from one car to another. Police cite drivers for switching tags most often when a person gets a new car and uses the plates for the old vehicle on the new one until they get to the DMV. But the tag not assigned charge is also commonly added to a list of other crimes when a driver gets pulled over for drug charges or a DUI.
An Orlando Criminal Defense Attorney can Help
The following three factors must be proven beyond a reasonable doubt for the prosecution to prove Attaching Plate or Tag Not Assigned to be a crime:
The registration license plate or validation sticker was illegally issued and allocated to the vehicle, the accused connected the plate or sticker to the vehicle, and the accused knew that the plate or sticker was illegally issued and assigned to the vehicle.
Many people think that since Attaching a Tag Not Assigned is a traffic offense, they are better off pleading guilty and just paying a fine. But if you do that, you have will wind up with a criminal record, which can make life very difficult. There are strong defenses to criminal traffic charges in Florida. An aggressive and experienced criminal defense lawyer will work to ensure the best possible outcome in your case. Call (407) 349-4211 for a free consultation with the Orlando criminal defense attorneys at the Rivas Law Firm.