What Happens If You Get Caught with a Fake License Plate in California?
Getting caught with a fake license plate in California can lead to a cascade of serious legal consequences. The state treats vehicle registration fraud with considerable severity, and the penalties can range from hefty fines to significant jail time. It’s not just a minor infraction; possessing or using a falsified license plate is a crime that can drastically impact your life. In short, if you are caught with a fake license plate in California, you could be facing:
- Misdemeanor Charges: If convicted of a misdemeanor, you could face fines up to $1,000 and up to one year in jail.
- Felony Charges: If convicted of a felony, the fines can increase up to $10,000, and you could be sentenced to 16 months, two years, or three years in jail.
These penalties apply because faking or altering vehicle registration information is a violation of California Vehicle Code Section 4463 VC, a law designed to prevent fraud and maintain the integrity of vehicle identification.
The Scope of the Offense
The consequences extend beyond simply having a fake plate attached to your car. Even if you unknowingly possess a fake plate—for example, if you bought a car with one and weren’t aware—you could face legal trouble. The charges might include:
- Criminal Possession of a Forged Instrument: This charge is levied even if you believe the plate to be legitimate.
- Forgery and Falsification: Falsifying documents related to your vehicle registration is a direct violation of the law and can lead to severe penalties.
- Auto Registration Fraud: This can be charged as either a misdemeanor or a felony, depending on the circumstances and your criminal history.
The specifics of your case—including whether it’s a first offense, the intent behind the use of the fake plate, and any prior criminal record—will strongly influence the severity of your sentence.
Why People Use Fake Plates
There are a variety of reasons why someone might resort to using a fake license plate, none of which justify the risks involved. Common motivations include:
- Avoiding Tolls: Some people use fake plates to avoid paying toll fees.
- Evasion of Speed Cameras: Fake plates can be an attempt to evade automated speed camera tickets.
- Vehicle Registration Fee Avoidance: Individuals may try to dodge paying registration fees through the use of fraudulent plates.
- Evading Law Enforcement: Fake plates are sometimes used to make it more difficult to trace a vehicle involved in other crimes.
However, these purported advantages are overshadowed by the severe legal repercussions that follow being caught.
The Investigation Process
Law enforcement agencies in California actively look out for signs of fake license plates, and being caught can happen in various ways:
- Traffic Stops: If a police officer stops you for a moving violation, they may also scrutinize your plates for validity.
- Routine Checks: Officers may conduct routine scans of license plates to ensure they match their registered vehicles.
- Parking Enforcement: Even parking violations can lead to the discovery of a fake plate when officials run the plate number.
Once a fake plate is identified, law enforcement will likely impound your vehicle and conduct a thorough investigation. You will be arrested and charged, after which you’ll navigate the court system.
The Impact of a Conviction
A conviction for using a fake license plate will leave you with a criminal record, which can affect:
- Employment: Many employers conduct background checks and a criminal record can impact job prospects.
- Housing: Landlords may be hesitant to rent to someone with a criminal history.
- Financial Opportunities: Loan approvals or other financial applications might be affected by a criminal record.
- Future Legal Matters: Any future brushes with the law can be more severely handled due to a prior conviction.
In addition to these impacts, the stress and cost of legal proceedings can be substantial. Therefore, avoiding any action that could lead to a fake license plate charge is essential.
Frequently Asked Questions (FAQs)
Here are some frequently asked questions to help you understand more about license plate laws and their enforcement in California:
1. What is the penalty for driving with a fictitious license plate in California?
The penalties can be either a misdemeanor or felony, depending on the case. A misdemeanor conviction could result in a fine up to $1000 and up to 1 year in jail. A felony conviction could lead to a fine up to $10,000, and a sentence of 16 months, 2 years, or 3 years in jail.
2. Can I be arrested for having a fake plate even if I didn’t know it was fake?
Yes, you can be arrested and charged with possession of a forged instrument, even if you believe the plate to be legitimate. This emphasizes the importance of verifying a vehicle’s registration, especially when purchasing a used car.
3. Is it a crime to steal license plates in California?
Yes, stealing license plates is also a crime. It can be charged as a misdemeanor or felony, with similar penalties to using a fake plate, such as fines and jail time.
4. Is it illegal to drive without a front license plate in California?
Yes, in California, vehicles must have both a front and rear license plate, except for motorcycles which only require a rear plate. Failure to display a front plate can result in a fix-it ticket and a fine of around $196.
5. Can I place my license plate on the dashboard in California?
No, California law requires the front license plate to be “securely affixed” to the front of the vehicle. Placing it on the dashboard is not compliant.
6. Is it illegal to customize or alter my license plate in California?
Yes, you cannot alter your license plate. This includes using vinyl wraps or any other alterations that change the plate’s original markings.
7. Is a missing license plate a “fix it” ticket in California?
Yes, driving with a missing license plate can result in a “fix it” ticket. You’ll need to rectify the issue and pay a fine.
8. Can I keep my old license plates in California?
Yes, you can keep your old license plates, recycle them, sell them, or drop them off at a designated DMV branch.
9. Can I drive my car while waiting for my new registration sticker in California?
In certain circumstances, the DMV may issue a Temporary Operating Permit (TOP) that allows you to operate your vehicle until you receive your permanent registration items.
10. How long does it take to receive new license plates in California?
It typically takes 4-6 weeks to receive your sequential license plates.
11. Is it legal to switch license plates between my cars in California?
You may switch or interchange special license plates between cars you own provided both vehicles are registered and renewal fees are paid.
12. Why do people use fake license plates?
People use fake license plates for various reasons, such as avoiding tolls, speed cameras, registration fees, and detection from law enforcement.
13. What is a “ghost plate”?
A ghost plate is a license plate device that can be made invisible when turned off. This is often used to try to evade detection.
14. Are Teslas exempt from the front license plate law in California?
No, Teslas are not exempt. They are subject to the same license plate requirements as any other car in California.
15. Is grand theft auto considered a felony in California?
Yes, grand theft auto in California is a “wobbler” offense, meaning it can be charged as either a felony or misdemeanor. If charged as a felony, the maximum penalty is three years in prison.
Understanding these laws and consequences is essential for all drivers in California. Always ensure that your vehicle registration and license plates are valid and correctly displayed to avoid facing serious legal repercussions.