Florida Selling a License Plate Cover to Block License Plate From Cameras Defense Lawyer
Florida has recently taken a strict stance on the use, manufacture, or sale of license plate cover devices. These devices are often marketed as a way to obscure license plates from red-light cameras, toll readers, or law enforcement. Under Florida House Bill 253, manufacturing or selling these devices is now classified as a first-degree misdemeanor, carrying penalties that can change your life overnight.
As a Florida Selling an Illegal License Plate Cover Defense Lawyer, I have seen countless cases where good people—often with no prior criminal record—found themselves facing serious charges for something they thought was nothing more than a traffic accessory. The reality is that Florida law now treats these cases as criminal, not civil, offenses. If you have been accused under this new law, the stakes are too high to face alone.
The Law: Quoting the Statute
House Bill 253 amended Florida Statutes § 316.605 and § 316.6051, adding clear language to criminalize license plate cover devices. The relevant section states:
“It is unlawful for any person to knowingly manufacture, sell, offer for sale, or use a license plate cover device or similar mechanism that is designed to conceal, obscure, or block a license plate from being captured by a traffic infraction detector, toll enforcement system, or law enforcement camera. A violation of this section constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.”
To break that down:
- Manufacture or sell: Even if you are just reselling these items online, you can be charged.
- Use: Having one on your own car is a criminal act, not just a ticket.
- First-degree misdemeanor: This carries up to 1 year in jail, 12 months of probation, and fines up to $1,000.
Why a Private Defense Attorney is Critical
The police and prosecution will try to treat these cases as straightforward. They will argue that the cover exists, that you had knowledge of its purpose, and that you intended to block plate recognition. But many of these cases have deeper layers. Was the item really designed to obscure the plate? Did the state prove intent? Was the stop or search legal in the first place?
When you hire a private attorney, you get someone who has the time, resources, and experience to dig into those questions. Public defenders are often overwhelmed with dozens of cases at once. Your freedom and reputation deserve more than a rushed defense.
Real Case Example
A client once came to me after being pulled over in Miami. He had purchased a “clear protective cover” online to shield his plate from scratches. The officer insisted it was an obscuring device because of the way the cover refracted light at certain angles. My client was arrested and charged under the new law.
We immediately filed motions challenging whether the device actually met the statutory definition of a “cover device.” We also argued that the stop was pretextual, because the officer admitted he was originally following my client for unrelated reasons. After several hearings, the judge ruled the state had not met its burden of proving that the cover was intended to block cameras. The case was dismissed, and my client avoided both a criminal record and jail time.
This is the difference an experienced private defense lawyer can make.
Defenses to License Plate Cover Charges
Several defenses can apply depending on the facts:
- Lack of Intent: The law requires knowing conduct. If you bought a cover for cosmetic or protective reasons, the state must prove you knew it was designed to block cameras.
- Device Did Not Violate Statute: Not every plate accessory is illegal. Standard protective covers or frames may be lawful if they do not distort or block visibility.
- Illegal Stop or Search: If law enforcement lacked probable cause for the stop, all evidence that followed may be suppressed.
- Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the device blocked or was intended to block detection. Technical evidence may be open to challenge.
- Constitutional Challenges: Depending on the circumstances, defense counsel may argue overbreadth or vagueness if the law is applied to items not truly designed to obscure plates.
Each of these defenses requires a strategic approach and aggressive advocacy in court.
Penalties and Collateral Consequences
Under Florida law, a first-degree misdemeanor is serious. Beyond the maximum 1 year in jail and $1,000 fine, you may also face:
- A permanent criminal record that can affect background checks.
- Driver’s license consequences if the case is paired with other traffic charges.
- Employment issues, especially if you work in industries requiring security clearance.
- Immigration risks if you are not a U.S. citizen.
This is why you need more than just damage control. You need a plan to attack the charge, protect your record, and prevent life-altering consequences.
Related Statutes
Several other statutes may come into play:
- § 316.605 – Display of license plates.
- § 316.6051 – Prohibition on license plate covers.
- § 775.082 – General penalty provisions for misdemeanors.
- § 775.083 – Fines for misdemeanors.
- § 901.15 – Powers of arrest, which may be relevant if you were arrested without a warrant.
Understanding how these statutes overlap is essential in building your defense.
Why a Private Attorney Matters at Each Stage
- At arrest: I can challenge probable cause and protect you from making statements that harm your defense.
- At arraignment: I can argue for dismissal or reduction of charges.
- Pre-trial: I can file motions to suppress evidence and push for reduced penalties.
- Trial: I can aggressively cross-examine officers and challenge the state’s interpretation of the law.
Every stage of the process offers opportunities to improve your position, but only if your lawyer is ready to fight for you.
Selling Camera-Blocking License Plate Cover Defense FAQs
What exactly does House Bill 253 make illegal?
House Bill 253 makes it a crime to knowingly manufacture, sell, offer for sale, or use any license plate cover or device designed to block cameras from detecting a license plate. This means you can be charged not only for installing one on your own car but also for selling them online, importing them, or even just stocking them in a store. The law is broader than many people realize. What seems like a small accessory can quickly turn into a criminal charge with the possibility of jail time. This is why consulting a Florida Selling a License Plate Cover to Block License Plate From Cameras Defense Lawyer is critical the moment you are accused.
Is using a clear license plate cover illegal in Florida?
Not necessarily. The statute targets devices “designed to conceal or block” cameras. A purely clear, transparent cover sold as protection against scratches may be legal. However, the problem arises when law enforcement or prosecutors argue that the cover creates a reflective glare or distortion. Because the statute leaves room for interpretation, officers often err on the side of arresting drivers. Fighting these cases requires careful legal analysis and, often, expert testimony on whether the item truly qualifies as an obscuring device.
What are the penalties if convicted of this offense?
A conviction under House Bill 253 is a first-degree misdemeanor. This is punishable by up to one year in jail, twelve months of probation, and fines up to $1,000. Beyond the statutory penalties, you risk having a permanent criminal record, which can hurt your job opportunities, housing applications, and even your ability to maintain professional licenses. Many defendants are shocked at how a simple accessory can trigger life-altering consequences. A private defense lawyer can fight for dismissals, reduced charges, or diversion programs that keep your record clean.
Can the police pull me over just for having a license plate cover?
Yes, they can. If an officer believes your plate is obscured or blocked in any way, that alone may be considered probable cause for a stop. Once you are stopped, any other alleged violations or contraband discovered can be used against you. This is why cases involving plate covers often snowball into more serious criminal matters. An attorney can challenge whether the stop itself was lawful, which can result in evidence being thrown out.
What defenses work in these cases?
Defenses depend on the facts, but common strategies include arguing that the device was not actually designed to block cameras, that you lacked intent to use it for that purpose, or that the police lacked lawful grounds for the stop. Sometimes, the best approach is to attack the credibility of the officer’s testimony or the technical claims about how the device functions. A skilled Florida Selling a License Plate Cover to Block License Plate From Cameras Defense Lawyer will review every angle to protect your freedom and your record.
If I am facing charges, should I accept a plea deal?
Plea deals can sometimes be appropriate, but you should never accept one without first consulting a lawyer who has reviewed the evidence. Prosecutors often offer pleas quickly, hoping to secure convictions without going to trial. Accepting a plea too soon can leave you with a criminal record you might have avoided with the right defense. Your lawyer can negotiate for reduced penalties or argue for diversionary options that may allow for dismissal after completion of certain requirements.
How quickly should I hire a defense lawyer?
Immediately. These cases move fast, and the earlier a defense attorney is involved, the more options you will have. Evidence can be challenged, motions can be filed, and negotiations can be made before the prosecutor hardens their position. Waiting too long may result in missed opportunities to reduce or dismiss your charges. A private attorney’s role is to get ahead of the case before it gets ahead of you.
Florida Selling a License Plate Cover to Block License Plate From Cameras Defense Lawyer
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Musca Law, P.A. has a team of seasoned criminal defense attorneys dedicated to protecting your rights. We serve every county in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle. Do not risk your freedom over a license plate cover charge. Call us today at 1-888-484-5057. We are available day and night, every day of the year.