Attaching wrong plates to a vehicle is a criminal offense in Massachusetts. Massachusetts General Law C 90 S 23 defines this crime. If you’re facing this charge, it’s crucial to understand the law, potential consequences, and your rights. This comprehensive guide will walk you through everything you need to know about this offense and how to protect yourself.
What is Attaching Wrong Plates?
According to Massachusetts General Law Chapter 90, Section 23, attaching wrong plates is defined as knowingly attaching or permitting to be attached to a motor vehicle number plates assigned to another vehicle, or knowingly obscuring or permitting to be obscured the figures on any number plate attached to any motor vehicle.
For a conviction, the prosecution must prove three key elements beyond a reasonable doubt:
- You attached the plate to a motor vehicle or allowed it to be attached
- The plate wasn’t assigned to that specific vehicle by the Registry of Motor Vehicles
- You intended to conceal the vehicle’s identity
Penalties for Attaching Wrong Plates
If found guilty of attaching wrong plates in Massachusetts, you could face several penalties:
- Fines up to $100
- Jail time up to 10 days
- Probation
- License suspension
- Points on your driving record
- A criminal record
It’s important to understand that attaching wrong plates is classified as a criminal misdemeanor traffic offense, not a civil minor traffic violation. This classification means it carries more severe consequences and can have long-lasting impacts on your life.
Legal Consequences
A conviction for attaching wrong plates can have far-reaching consequences beyond the immediate legal penalties:
Employment
- Many employers conduct background checks, and a criminal record could limit your job prospects
- Certain professions, especially those requiring driving, may be off-limits
Housing
- Landlords often run background checks, and a criminal record could make it harder to rent
- Some housing assistance programs may have restrictions for those with criminal records
Insurance Rates
- Your auto insurance rates may increase significantly after a conviction
- Some insurance companies might even refuse to cover you
Common Scenarios Leading to Charges
People find themselves charged with attaching wrong plates for various reasons:
- Borrowing a vehicle and not realizing the plates don’t match
- Purchasing a used vehicle and failing to transfer the registration properly
- Attempting to avoid fees or taxes by using plates from another vehicle
- Mistakenly swapping plates between two owned vehicles
Legal Defenses
An experienced criminal defense attorney can help you build a strong defense. Some common strategies include:
1. Lack of Intent
Proving that you didn’t intend to conceal the vehicle’s identity can be a strong defense. This might apply if you genuinely believed the plates were correct.
2. Ignorance of Incorrect Plates
If you can demonstrate that you were unaware the plates were incorrect or not assigned to you, this could form the basis of a defense.
3. Challenging the Evidence
Your lawyer may question the reliability or legality of the evidence against you, such as how the plates were identified or if proper procedures were followed during your arrest.
4. Necessity
In rare cases, if you can prove you had to drive the vehicle with wrong plates due to an emergency, this might serve as a defense.
Why You Need an Experienced Criminal Defense Lawyer
Facing criminal charges in Massachusetts can be overwhelming. An experienced criminal defense attorney is crucial for several reasons:
1. Legal Expertise
A skilled lawyer understands the nuances of Massachusetts law and can identify potential weaknesses in the prosecution’s case.
2. Negotiation Skills
Your attorney can negotiate with prosecutors for the best possible plea agreement if that’s the most appropriate course of action.
3. Court Experience
If your case goes to trial, having a lawyer with courtroom experience is invaluable for presenting your case effectively.
4. Protection of Rights
An attorney ensures your rights are protected throughout the legal process, from arrest to trial.
5. Minimizing Consequences
Even if a conviction is unavoidable, a good lawyer can work to minimize the penalties and long-term consequences.
What You Need to Do if Charged with Attaching Wrong Plates
If you’re charged with attaching wrong plates:
- Remain calm and polite when interacting with law enforcement
- Exercise your right to remain silent
- Do not admit guilt or discuss the case with anyone except your lawyer
- Contact an experienced criminal defense attorney immediately
- Gather any relevant documentation or evidence that might support your case
- Follow your attorney’s advice closely
Protect Your Rights and Future
Facing charges for attaching wrong plates in Massachusetts is a serious matter that can have long-lasting consequences. Don’t face these charges alone. Consult with a skilled criminal defense lawyer immediately to protect your rights, explore your legal options, and work towards the most favorable outcome for your case.
Attaching wrong plates is a criminal misdemeanor traffic offense. As opposed, to a civil minor traffic violation.
