How A Florida Using a Plate-Blocking Device While Avoiding Police or Committing a Crime Defense Lawyer Can Protect Your Future
Florida’s new House Bill 253 makes it a third-degree felony to use a plate-blocking device while avoiding law enforcement or while committing another crime. This law took effect October 1, 2025, and it dramatically changes the risks for drivers who attempt to conceal their license plates during any illegal act.
As a criminal defense lawyer practicing throughout Florida, I know how serious these charges are. A simple device designed to obscure your plate can now expose you to felony-level punishment, even if the underlying crime itself is minor. I have represented many people facing traffic-related felonies and understand the stakes: prison time, a permanent criminal record, and the loss of driving privileges.
The Law: What House Bill 253 Says
Florida Statutes Chapter 316 covers traffic control, but House Bill 253 amended provisions to specifically address plate-blocking devices. The law provides:
“A person who uses, installs, or affixes any device, covering, or substance that conceals or obscures the legibility of a license plate, when the person is attempting to avoid law enforcement or is in the commission of another crime, commits a felony of the third degree.”
Under Florida Statutes § 775.082, a third-degree felony is punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine. This means that a piece of plastic or reflective spray could lead to the same level of punishment as grand theft or certain drug crimes.
Other relevant statutes also come into play:
- § 316.605 requires all license plates to be clearly visible and legible.
- § 316.605(1) further prohibits covers, sprays, or devices that make it difficult to read a plate.
- § 775.083 outlines fines for felony convictions, which can add a steep financial burden in addition to jail time.
Why a Private Defense Attorney is Critical
Public defenders often have overwhelming caseloads. A private defense lawyer has the time to analyze every detail: Was the stop legal? Did police overstate the intent to avoid detection? Was the device actually capable of blocking the plate? These questions can make the difference between prison and dismissal.
Having a private lawyer means building a tailored strategy. I personally investigate whether law enforcement can prove both elements:
- The device was used to block the plate, and
- The intent was to avoid police or commit another crime.
If either part is weak, the state’s case can collapse.
Real Case Example
Not long ago, I represented a young man in Tampa accused of using a tinted plate cover while leaving a convenience store where police claimed shoplifting occurred. The state charged him under the amended law, saying the plate cover proved intent to conceal his identity while committing theft.
We obtained surveillance footage showing the plate was still visible under normal lighting, and expert testimony confirmed the device did not make the plate unreadable at standard distances. I argued that his intent was not to avoid police but simply to personalize his car. The judge agreed the felony charge was unsupported, and the case was reduced to a minor traffic infraction. He walked away with a fine instead of a felony record.
This is exactly why skilled representation matters.
Possible Defenses to Using a Plate-Blocking Device
Every case is different, but common defenses include:
- Lack of intent: The state must prove the device was used to avoid police or while committing a crime. If you installed it for cosmetic reasons, that intent may be missing.
- No actual concealment: If the plate was still legible, the element of concealment may not hold up.
- Unlawful stop or search: If police stopped your vehicle without reasonable suspicion, any evidence found may be suppressed.
- Mistaken identity: Surveillance video, eyewitnesses, or police reports can be challenged.
- Constitutional challenges: Some courts may examine whether the statute is overly broad or vague.
I use each defense not as theory, but as practical tools depending on the facts of your case.
Collateral Consequences Beyond Prison
Even if you avoid incarceration, a third-degree felony conviction can impact your life for years:
- Loss of driving privileges or insurance rate hikes
- Denial of certain jobs and professional licenses
- Damage to immigration status if you are not a U.S. citizen
- Permanent criminal record, making housing and employment more difficult
When you are facing those kinds of consequences, you cannot afford to gamble with your future.
Why Choosing the Right Defense Lawyer Matters
A private defense lawyer does more than argue in court. I:
- File motions to suppress unlawfully obtained evidence
- Question the legality of traffic stops
- Retain experts to analyze whether a plate was truly obscured
- Negotiate with prosecutors for reduced charges or diversion programs
- Prepare you personally for hearings and trial
This level of preparation is what helps people avoid lifelong consequences.
Florida Counties and Courts Where These Charges Arise
I have handled plate-related charges across Florida, including Miami-Dade, Hillsborough, Duval, Orange, and Pinellas Counties. Each jurisdiction has its own prosecutors and judges, and knowing how they typically handle new laws is critical. Some counties may push aggressively for felony convictions under HB 253, while others may be more open to reductions or diversion.
Florida Using a Plate-Blocking Device While Avoiding Police or Committing a Crime Defense FAQs
What exactly counts as a plate-blocking device in Florida?
A plate-blocking device can be any cover, spray, or accessory designed to obscure or distort a license plate. Common examples include tinted covers, reflective sprays, plastic frames with angled edges, or electronic flip devices. Under House Bill 253, if such a device is used while avoiding police or during the commission of another crime, the offense becomes a third-degree felony. Even if you thought it was only a decorative accessory, the law treats it as serious if tied to criminal intent.
Is this different from a normal license plate violation?
Yes. Under § 316.605, having an unreadable plate is normally a traffic infraction. But HB 253 escalates the penalty when the device is linked to avoiding law enforcement or another crime. That is the major difference—intent and circumstances elevate it from a minor ticket to a felony offense.
Can the police stop me just for having a plate cover?
Yes. Law enforcement can stop you if they believe your plate is not clearly visible or legible. Once the stop occurs, if they discover additional evidence such as drugs, theft, or attempts to evade, the charges can escalate. That is why challenging the legality of the stop is often a key part of a defense.
What are the penalties if convicted under HB 253?
A conviction for this felony can mean up to five years in prison, five years of probation, and fines up to $5,000. Beyond those penalties, you will carry a felony record, which can affect your job, your housing options, and even your ability to vote or possess a firearm. These are life-changing consequences.
Are there defenses if my plate was still visible?
Absolutely. If the device did not actually make the plate unreadable under normal conditions, the prosecution may have difficulty proving concealment. Expert testimony, photographs, and video evidence can demonstrate whether the plate was visible. This can lead to dismissal or reduction of charges.
What if I didn’t install the device myself?
If you borrowed a vehicle or purchased a used car that already had a plate-blocking device, intent becomes very hard to prove. The prosecution must show you used it with the purpose of avoiding detection. Lack of knowledge or control over the device is a strong defense in many cases.
Can the charges be reduced to a misdemeanor?
Yes, in some cases. With effective negotiation and strong defense work, prosecutors may agree to reduce the felony to a misdemeanor traffic violation or reckless driving charge. This often requires showing lack of intent, weak evidence, or presenting mitigating factors such as no prior record.
Why should I hire a private defense lawyer instead of a public defender?
While public defenders work hard, they are often overloaded with cases. A private defense lawyer has the ability to dedicate more time and resources to your defense. That includes challenging evidence, hiring experts, and giving your case the attention it deserves. These differences often determine whether a felony sticks or is dismissed.
Does HB 253 apply statewide?
Yes, this law applies in every Florida county. However, enforcement intensity may vary. Some police departments are making plate-blocking a priority because of concerns about toll evasion, hit-and-runs, and drug trafficking. Other counties may still treat it primarily as a traffic matter unless linked to another serious crime.
What should I do if I am charged with using a plate-blocking device while avoiding police?
The most important step is to immediately contact a defense lawyer. Do not speak to police or prosecutors without counsel. Your lawyer can review the stop, examine the device, and begin building defenses right away. Acting quickly gives you the best chance of avoiding the severe penalties tied to this law.
Call Our Florida Using a Plate-Blocking Device While Avoiding Police or Committing a Crime Defense Lawyer – Protect Your Rights Today
If you have been accused of violating Florida House Bill 253, the decisions you make right now will affect the rest of your life. You deserve a strong defense and a lawyer who knows how to challenge these charges.
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.