California Vehicle Code Section 4462.5 addresses the misuse of vehicle registration and license documents. The law is intended to prevent and penalize fraudulent activities related to vehicle registration so all vehicles on the road are properly and accurately registered.
The law makes it illegal to display or possess any fictitious or counterfeit registration card, license plate, or permit. Additionally, this law prohibits using valid registration materials for a vehicle other than the one for which they were issued.
Violations of this code can lead to significant legal consequences, reflecting the seriousness of such offenses in maintaining road and public safety. If you’re charged with this, speak with a Los Angeles traffic violation lawyer to discuss your options.
Examples of Breaking This Law
The police use license plates, vehicle registration information, and licenses to confirm who owns vehicles and who people are. Sometimes people try to hide their identities or their vehicles by misusing documents. Here are some examples:
- Allison wants to avoid registration fees and taxes on a vehicle purchase. She purchases a counterfeit license plate from a forger. Alice uses this plate and hopes she doesn’t get caught.
- Bernard has an expired car registration and doesn’t want to pay for a new registration sticker. He borrows his friend’s valid registration sticker and puts it on his own license plate to avoid penalties for driving with expired registration. However, he is violating CVC §4000a1 by failing to register the vehicle and CVC §4462.5 by intentionally misrepresenting its registration status. The latter offense can carry more severe penalties.
- Dave has a vehicle that won’t pass emissions. He creates a fake registration card that shows a current and valid registration along with fabricated emissions test results. He keeps the card to present to law enforcement if he gets stopped.
- Melissa owns two cars but only has one registered because the other needs major repairs to pass inspection. She regularly swaps the single license plate between the two cars as necessary and hopes the police won’t notice the inconsistency.
Failing to properly display license plates can also be a violation. California Vehicle Code Section 5200 requires vehicles to display both front and rear license plates (unless issued a single plate by the DMV). Driving without properly mounted plates can result in fines and may raise suspicion of unlawful activity.
What Are the Penalties for Breaking this Law?
Breaking California Vehicle Code Section 4462.5 is a misdemeanor. It is more serious than traffic infractions, but not as serious as a felony. Nevertheless, the penalties can wreck your life. You could be:
- Held in county jail for up to six months
- Have to pay a maximum fine of $1,000
With the help of a Los Angeles criminal defense lawyer, especially for first-time offenders, you could get misdemeanor probation instead of going to jail. That comes with its own difficulties, but you’ll retain your freedom. You can continue to go to work and support yourself and your family.
A conviction would result in a criminal record, which can have long-term effects on employment opportunities, eligibility for certain licenses, and other areas of life. You must defend yourself if you’re charged with this crime or it could affect the rest of your life.
If you have already been convicted, there may still be a way to move forward. In Los Angeles, expunging a criminal record can help remove barriers to employment, housing, and other opportunities. Under California Penal Code Section 1203.4, individuals who have successfully completed their probation (or obtained early termination) may petition the court for an expungement.
What Are Defenses Against This Crime?
There are several defenses if someone is charged under California Vehicle Code Section 4462.5 for misuse of vehicle registration. A vital component of this crime is your intention to deceive people with the documents. Some defenses include:
- Lack of Knowledge – One common defense is the lack of knowledge about the falsified or improper use of the registration items. The defendant can argue that they were not aware that the registration card, license plate, or permit was counterfeit, fictitious, or assigned to another vehicle.
- No Intent to Defraud – Since criminal intent is a critical element of this offense, proving that there was no intent to defraud or deceive can be a viable defense. This might involve showing that any misuse of registration materials was accidental or due to a misunderstanding.
- Mistake of Fact – Demonstrating that there was a mistake of fact, such as believing that the registration materials were valid or correctly assigned to the vehicle, can serve as a defense.
- Authorization or Permission – If the defendant had a reasonable belief that they had authorization or permission to use the registration materials in question, they might use this to contest the charge.
- Improper Police Procedures – Challenging the charge on the grounds of improper police procedures, such as an illegal search that led to the discovery of counterfeit or improper registration materials, can also be a defense.
- Insufficient Evidence – The defense could argue that the prosecution has not met its burden of proof to show beyond a reasonable doubt that the defendant knowingly used fraudulent registration materials.
Choosing the appropriate defense strategy depends on the circumstances of the case and the specific details of how the alleged offense occurred. Getting a lawyer is the best way to find the right approach to defending yourself.
Get Help to Defend Yourself
If you’ve been charged with California Vehicle Code Section 4462.5: Misuse of Vehicle Registration and License Documents, you could face jail time, fines, and other penalties. You need to defend yourself as soon as possible.
Contact Simmrin Law Group for a free consultation and speak with our traffic defense lawyers about your situation. We’ll explain your legal options and how we can help you reduce or eliminate your charges.