Florida Covering or Altering License Plate or Registration Defense Lawyer
Florida has always treated license plate laws seriously, but with the passing of House Bill 253, the penalties have become even tougher. Before this bill, an officer might have written a civil citation for having a plate cover or altering a registration sticker. Now, doing this intentionally is no longer a minor ticket. It is classified as a second-degree misdemeanor. That means you are facing criminal penalties, not just a fine.
As a criminal defense attorney practicing across the state of Florida, I know how quickly a seemingly small issue can turn into a serious legal matter. Many people believe that a license plate violation is no big deal. The reality is that one criminal charge on your record can affect your job applications, background checks, and even your driver’s license status.
When I defend clients under this new law, my role is not just about arguing the law in court; it is about protecting their future from unnecessary and damaging consequences.
The Law: What House Bill 253 Changed
House Bill 253 amended Florida Statutes, specifically §316.605 and §320.061, making it a second-degree misdemeanor if you purposely cover, alter, or obscure your license plate or registration.
Here is the key language of Florida Statute §320.061:
“A person may not alter the original appearance of a license plate, temporary license plate, mobile home sticker, validation sticker, or vehicle registration decal, or obscure the license plate’s numbers, letters, decal, or sticker in any manner, or apply any substance, coating, covering, or reflective material to the plate or registration decal in a way that makes it illegible. A violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.”
This means if the State can prove that the act was intentional, you face penalties of up to 60 days in jail and a $500 fine. It also creates a permanent criminal record unless your attorney secures a dismissal, diversion, or withholding of adjudication.
Why Intent Matters
The crucial word in the statute is “intentionally.” If your license plate frame, tint spray, or even mud on your plate made it unreadable, the officer may still write you up. But for the State to convict you of a crime, they must show that you meant to cover or alter your plate or registration.
That distinction opens the door for strong defenses. Many of my clients had no idea that a dealer-installed plate cover or a clear plastic shield was against the law. Others had plates obscured by weather, road debris, or fading stickers. These situations are not criminal acts.
Real Case Example
I represented a client in Orlando who was stopped on I-4 because the officer said the registration sticker looked “tampered with.” The officer claimed my client had tried to change the month number with a marker. What actually happened was that the sticker had been weather-damaged, peeling, and darkened by road grime. The State charged him under §320.061 as amended by HB 253.
I presented photos of the vehicle, maintenance records, and testimony from a mechanic showing that no alteration had been attempted. The judge agreed that the evidence of intent was missing. The case was dismissed before trial.
That win spared my client from a criminal record and months of stress. It also showed how important it is to have a private defense attorney fighting for you. Without a proper defense, a minor traffic stop could have turned into a conviction.
Penalties for Violating House Bill 253
Being charged under HB 253 means you face:
- A second-degree misdemeanor on your record.
- Up to 60 days in jail.
- A fine up to $500.
- Court costs, probation, or community service.
- Collateral consequences such as license points, higher insurance rates, or denial of employment due to a criminal record.
It is easy to underestimate these penalties. Even if the judge does not give you jail time, the conviction itself follows you. That is why hiring private counsel immediately is the best way to protect your record.
Defenses Against Covering or Altering License Plate Charges
Several defenses apply in these cases. Common ones include:
- Lack of intent: The statute requires proof that you meant to cover or alter the plate. Accidental or unknowing obstruction should not lead to a conviction.
- No alteration: Weather damage, fading, or natural wear is not an alteration.
- Unlawful stop: If the traffic stop itself was unconstitutional, evidence obtained from it may be thrown out.
- Improper identification: Sometimes officers misidentify a plate issue when it was actually visible and readable.
- Insufficient evidence: The State must prove the obstruction beyond a reasonable doubt. Photographs, lighting, and angle can all create reasonable doubt.
As your defense lawyer, I can investigate whether the officer’s claim was supported by clear evidence or whether the stop and charge can be challenged.
Related Florida Statutes That May Apply
This charge does not always stand alone. It often comes with other alleged violations, such as:
- §316.605 – Improper display of license plate.
- §316.610 – Unsafe vehicle conditions.
- §320.07 – Expired registration.
- §322.34 – Driving with a suspended license if your registration issues lead to a suspension.
Prosecutors may try to stack charges. A single traffic stop can quickly multiply into several criminal counts. That is another reason private representation matters. I can often negotiate to get some charges dropped or reduced in exchange for compliance or proof of correction.
Why You Need a Private Defense Attorney
Public defenders are talented lawyers, but they carry overwhelming caseloads. A minor charge like covering a plate might not get the attention it deserves. With me as your private defense lawyer, you get time, focus, and a strategy tailored to your case.
Each section of this case hinges on evidence, intent, and procedure. My job is to question whether the stop was legal, whether the officer’s interpretation was accurate, and whether the State can actually meet its burden of proof. That effort can mean the difference between walking away with no record or carrying a criminal conviction for life.
Florida Covering or Altering License Plate or Registration Defense FAQs
What exactly does House Bill 253 change?
House Bill 253 elevated what was often a civil traffic citation into a criminal offense. It amended Florida Statutes to state that intentionally covering, altering, or obscuring a license plate or registration sticker is now a second-degree misdemeanor. Before this law, officers frequently issued tickets. Now, you can be arrested and prosecuted in criminal court. That means jail time is possible, and a conviction would give you a permanent criminal record.
Can I really go to jail for a license plate cover?
Yes, if the State proves you intentionally obscured your license plate or registration decal. While many first-time offenders may receive probation or fines, the statute authorizes up to 60 days in jail and up to a $500 fine. Even if jail is unlikely, the conviction itself is damaging because it creates a record that can affect employment, housing, and insurance rates. This is why having a Florida Covering or Altering License Plate or Registration Defense Lawyer on your side is essential.
What if my plate was dirty or my sticker faded?
That situation is very different from intentional alteration. Dirt, fading, or accidental obstruction is not the same as purposely covering or changing your plate. A skilled defense attorney can argue that the State cannot prove intent, which is a necessary element of the charge. Many cases have been dismissed once the judge realized that the issue was caused by weather or natural wear rather than deliberate conduct.
Can I fight the charge if the officer pulled me over unlawfully?
Yes. If the stop itself violated your constitutional rights, any evidence gathered afterward may be suppressed. That could include the officer’s photos or testimony about the plate. As your defense lawyer, I will review whether the officer had a lawful basis to stop your car in the first place. Unlawful stops are a powerful defense in these cases.
Are there alternatives to conviction?
Yes. Depending on your record and the facts of your case, you may be eligible for diversion programs, deferred prosecution, or a withhold of adjudication. These alternatives can keep your record clean. A Florida Covering or Altering License Plate or Registration Defense Lawyer can negotiate with prosecutors to secure one of these outcomes. Without a private lawyer pushing for these resolutions, you may not even be offered them.
Will this affect my driver’s license?
Indirectly, yes. While the statute itself does not impose points, prosecutors may add related charges that do. Convictions can also raise your insurance premiums and trigger closer scrutiny of your driving history. In some cases, unpaid fines or repeat violations can lead to a suspended license. My role is to prevent one traffic stop from snowballing into broader consequences.
What should I do if I am charged under House Bill 253?
The first step is to remain calm and contact a lawyer immediately. Do not admit fault or try to explain the issue to the officer or prosecutor without counsel. Even statements made casually can be used against you later. Call a Florida Covering or Altering License Plate or Registration Defense Lawyer right away. A private attorney will examine the evidence, build your defenses, and push for dismissal or reduction.
Call Our Florida Covering or Altering License Plate or Registration Defense Lawyer
If you have been arrested or cited under House Bill 253 for covering or altering your license plate or registration, you cannot afford to treat it like a simple ticket. This is a criminal charge with lasting consequences. I have defended clients across Florida against these types of accusations and have secured dismissals and reductions in many cases.
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.