Attaching an Unassigned License Tag
320.261 Attaching registration license plate not assigned unlawful; penalty.--
The Palm Beach and Broward County criminal defense attorneys at the Law Offices of Leifert & Leifert are well versed in the practice of defending all crimes and offenses in Palm Beach, Broward and Miami-Dade County, including and especially the offense of attaching an unassigned license tag to a vehicle or mobile home.
The section of the Florida State Statutes that deals with this crime is s. 320.261, the text of which reads as follows: “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.”
According to our Palm Beach and Broward County criminal defense attorneys, the first thing one should realize about this statute is that the word “knowingly” appears early-on; this, in its context here, signifies that though the act of attaching an unassigned license plate or validation sticker or mobile home sticker to a registration license on a motor vehicle or mobile home that was not the intended recipient of the license plate or registration sticker is unlawful, an individual should not and cannot be held responsible for the unlawful act if they committed the act unaware of what they were doing. For instance, if an individual believed he or she was attaching the correct license plate to their motor vehicle, he or she should not be charged with violating this statute.
If, however, it is proven that an individual has knowingly violated the statute in one of the manners listed above, the individual shall be guilty of a second-degree misdemeanor, the punishment for which is outlined in s. 775.082 and s. 775.083 of the Florida State Statutes. According to s. 775.082(4)(b), an individual found guilty of committing a second-degree misdemeanor may be sentenced to a definite term of imprisonment not exceeding 60 days. Additionally, according to s. 775.083(1), an individual guilty of any crime other than a capital felony may be given a fine in addition to any other punishment described in 775.082; if a statute permits it, the fine may be issued in lieu of the jail time. According to s. 775.083(1)(e), the fine for an individual guilty of a second-degree misdemeanor (whether the fine is additional or in lieu of jail time) may not exceed $500.
If you have been charged with the offense of unlawfully attaching a license tag to a vehicle for which it was not intended, contact one of our Palm Beach and Broward County criminal defense attorneys. As a team of former prosecutors, we know how to defend cases like this because we used to prosecute cases like this; we know what defenses work and what defenses don’t work. Having a second-degree misdemeanor on your record can ruin your livelihood and your reputation; our skilled attorneys can help you make sure such a conviction never happens. To schedule a free consultation during which you will hear how we can help you, call us at 1-888-5-DEFEND (1-888-533-3363).