Florida Buying or Possessing a Device to Block License Plate From Cameras Defense Lawyer
Florida’s new House Bill 253 makes it a crime to buy or possess a device designed to block or distort a license plate from being captured by a red-light camera, toll camera, or law enforcement surveillance system. These devices include sprays, plastic covers, reflective shields, or electronic gadgets marketed to “fool” the camera. What many drivers don’t realize is that even possessing one of these devices, without ever using it, can now bring criminal charges.
As a Florida criminal defense attorney, I’ve seen how quickly a small purchase online or at an auto shop can spiral into a misdemeanor or even an aggravated offense, depending on circumstances. Drivers often buy these items thinking they are just “novelty accessories,” only to find themselves facing fines, possible jail, and a permanent criminal record. My role is to protect people charged under this new law, to fight for dismissals or reduced penalties, and to explain every defense available.
The Statute: Florida Statutes §316.605 and House Bill 253
The existing statute that governs license plate visibility is Florida Statutes §316.605, which requires that every motor vehicle license plate be “clear and distinct and free from obscuring matter.” The statute has long prohibited tinted covers or dirt that blocks the plate, but House Bill 253 expands this to criminalize even the purchase or possession of a device intended to block or distort a plate image.
Here is the relevant statutory text after the passage of HB 253:
“A person may not purchase, possess, sell, offer for sale, or use any device, cover, or substance that is designed for the purpose of preventing, hindering, or interfering with the capture of a photographic or electronic image of a license plate.”
Violation is treated as a misdemeanor of the second degree under Florida law, punishable by up to 60 days in jail and a $500 fine under §775.082 and §775.083. However, additional charges such as fraud, obstruction of justice, or toll evasion can stack on top of this simple misdemeanor if prosecutors claim the device was used in connection with another offense.
Why This Law Matters
Florida aggressively enforces traffic laws through red-light cameras, tollway cameras, and automatic license plate readers. These systems generate revenue for cities and counties, and prosecutors are motivated to stop any attempt to interfere with them. The law now punishes intent as much as conduct: merely having one of these devices in your glovebox or trunk is enough to trigger criminal prosecution.
Many drivers assume a traffic ticket is the worst that can happen, but HB 253 makes clear that the legislature wanted to send a message—tampering with state surveillance systems will not be treated lightly. A conviction could appear on your criminal history, affect your driver’s license, and even damage employment opportunities.
Common Defenses I Raise
Every case has its own facts, and my strategy is built around them. Some defenses I have successfully argued include:
- Lack of intent: The law requires that the item be designed for blocking or distorting cameras. If the device is simply a clear cover for plate protection, or a product misrepresented by a seller, the state must prove intent.
- Unlawful search or seizure: Police sometimes find these items during questionable stops or searches. If the stop was illegal, all evidence that followed can be suppressed.
- No probable cause: If the alleged device does not actually meet the definition in the statute, then possession is not a crime.
- Constitutional challenges: Some arguments have been raised that the law is overly broad or vague, and while courts have not yet ruled definitively, this remains a live defense angle.
- First-time offender alternatives: For clients with no prior record, I can often negotiate diversion programs or withhold of adjudication to keep the record clean.
Real Case Example
Recently, I represented a driver in Tampa who was pulled over for a routine speeding violation. During the stop, the officer noticed a reflective plate cover and accused my client of trying to block red-light cameras. The item had been purchased at a gas station and marketed as a “license plate protector.” Prosecutors charged him under §316.605 as amended by HB 253.
We immediately filed a motion to suppress, arguing that the officer lacked probable cause to claim the device was intended to block cameras since the packaging and design were for plate preservation, not distortion. We presented expert testimony showing that the cover did not obscure the plate under normal lighting conditions. The judge agreed, dismissed the case, and my client avoided a criminal record.
This case illustrates how important it is to fight back, rather than accept the charge. Many of these devices are sold in misleading packaging, and without strong legal defense, innocent drivers can end up with convictions.
Related Florida Statutes
When charged under HB 253, prosecutors sometimes add other offenses:
- §316.605 – General requirements for display of license plates.
- §316.1925 – Careless driving, often added if the stop involved unsafe vehicle operation.
- §812.014 – Theft, if the allegation is tied to toll evasion.
- §843.02 – Resisting officer without violence, if there was a dispute during the stop.
- §775.082 / §775.083 – Penalty statutes for misdemeanors.
Understanding how these statutes intersect is key to building a strong defense.
Why You Need Private Counsel
Public defenders in Florida are overworked and rarely have time to research novel defenses under a new statute. A private attorney can devote the attention required to examine the device, test whether it actually distorts images, and challenge police testimony.
I also have the ability to negotiate directly with prosecutors and present mitigation such as lack of criminal history, employment records, and proof of legitimate purchase. In many cases, I can prevent formal charges from being filed, or secure a diversion program that avoids conviction.
Having your own defense lawyer is not a luxury in this situation, it is the difference between walking away with a clean record and carrying the weight of a criminal conviction for years.
Building a Defense Strategy
My defense strategy always begins with:
- Examining the traffic stop – Was it legal? Was the officer justified in pulling you over?
- Inspecting the device – Does it actually meet the statutory definition?
- Reviewing intent – Did you knowingly purchase a device designed to block cameras, or were you misled?
- Exploring alternatives – Can we secure pre-trial diversion, dismissal, or withhold of adjudication?
Every step is documented and prepared for court. Prosecutors know when they face a prepared defense attorney, and that changes the entire tone of negotiations.
Florida Buying or Possessing a Device to Block License Plate From Cameras Defense FAQs
What penalties can I face for possessing a license plate blocking device in Florida?
Possessing such a device is a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine under §775.082 and §775.083. Judges may also impose probation, community service, or vehicle equipment inspections. If prosecutors add related charges like toll evasion or obstruction, the penalties can increase. A conviction creates a permanent criminal record, which is why defense is so important.
Can police stop me just for having a plate cover?
Yes, police can stop a vehicle if the license plate is not “clear and distinct” under §316.605. Even a tinted or reflective cover can trigger a stop. Officers often justify the stop by saying the plate was not fully visible. Once stopped, if they find a product marketed as a camera-blocking device, they can escalate the matter into a criminal charge. Challenging the validity of the stop is one of the strongest defenses.
What if I bought the device online without knowing it was illegal?
Lack of knowledge may help in sentencing, but it is not a complete defense. The statute criminalizes possession regardless of intent to use. However, a skilled defense lawyer can argue lack of criminal intent, consumer misrepresentation, and absence of actual blocking function. In many first-time cases, this can lead to diversion or dismissal.
Are there legal license plate covers or sprays in Florida?
Yes, clear covers designed solely to protect against weather or debris may be legal, provided they do not distort the plate image. The problem arises when a cover, spray, or shield reflects light in a way that makes the plate unreadable. The burden is on the state to prove the item was designed to block or hinder plate visibility. Defense often turns on expert testimony and testing of the device.
How does a defense lawyer fight these charges?
I begin with a full review of the stop, the device, and the officer’s report. I file motions to suppress if the stop was illegal, and I challenge whether the device fits the statute. I also negotiate with prosecutors for diversion or reduced penalties. In some cases, I bring in technical experts to show the product does not block images. Every case is different, but preparation and aggressive defense often lead to favorable results.
What if I already used the device to avoid a toll or camera ticket?
If prosecutors can show you used the device in connection with toll evasion or red-light violations, they may add theft or fraud charges. This raises the stakes considerably. However, these cases can be defended on evidentiary grounds: proving that a missed toll was actually caused by the device is often difficult. A defense lawyer can challenge the sufficiency of the state’s evidence.
Can a conviction be sealed or expunged?
In some cases, yes. If adjudication is withheld, you may later be eligible to seal the record. If charges are dismissed, you can apply to expunge. However, if adjudication is entered, you may not be able to seal or expunge the record for this offense. That is why negotiating for dismissal or withhold is crucial. I work with clients to preserve eligibility for future record relief.
Why should I hire a Florida Buying or Possessing a Device to Block License Plate From Cameras Defense Lawyer?
Because this is a brand-new statute, prosecutors and judges are still interpreting it. Having a lawyer who understands how to argue intent, product design, and constitutional issues gives you the best chance of success. I provide the individualized defense that public defenders cannot, and I fight to protect your record and your future.
Call Our Florida Buying or Possessing a Device to Block License Plate From Cameras Defense Lawyer
If you have been charged under Florida House Bill 253 for buying or possessing a device to block license plates from cameras, do not take the risk of going into court alone. You need a defense lawyer who understands the statute, knows the defenses, and has the skill to fight for your future.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A., has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.