Displaying a Fictitious License Plate
What is a fictitious license plate?
Fictitious means not real, or not true. A fictitious plate means that something about the plate doesn’t match the vehicle it is on. A license plate can be considered fictitious under a number of circumstances.
The most common situations we see are:
- The vehicle registration associated with the plate has been revoked or suspended.
- The registration sticker on the license plate belongs to another vehicle (fictitious tags).
- The license plate on the vehicle belongs to another vehicle.
The actual statute reads:
A person is guilty of a class 2 misdemeanor who displays or possesses a registration card or license plate knowing it to be fictitious or to have been stolen, canceled, revoked, suspended or altered.
See A.R.S. 28-2531(B)(1).
What Are The Consequences For A Fictitious Plate Conviction?
These are the consequences that are possible under the law:
- Class 2 misdemeanor conviction.
- Fines up to $750 plus surcharges and court assessments that could nearly double the total fine
- Up to 4 months in jail.
- Up to 2 years probation
For the majority of people, if they are found guilty the consequences include:
- Class 2 misdemeanor conviction.
- Fines in the $300-$600 range
- This is not technically a moving violation, so there are no points associated with this violation.
How do we defend against a fictitious plate charge?
The first step is always correcting the license plate issue. Make sure the car that was displaying the fictitious plate is properly registered and displaying a valid license plate.
The second step is having an explanation as to why there was a fictitious plate on the car in the first place.
Third, the driver’s background and driving history can be helpful in achieving a good outcome. Ideally the driver’s record is free from any violations.
Then we try to negotiate an outcome wherein the charge is dismissed or reduced to a civil registration violation with a nominal fine.
If we cannot negotiate a favorable outcome, then we may have to take the charge to trial. Unlike most misdemeanor traffic violations, this particular statute requires that the driver used the license plate “knowing” it was fictitious. If the person did not know the plate was fictitious, like the situation where someone stole their license plate and replaced it with another plate, then we have a defense.
Need Help With a Fictitious Plate Charge?
Give us a call and let’s talk. We’re full of information, and we don’t charge you to discuss your case. We want every driver to get the best outcome possible in their case. Often, we can help achieve that outcome. Sometimes, a driver doesn’t need an attorney, and we’ll tell you that too.
Frequently Asked Questions
Why do drivers use fictitious plates?
There are probably many reasons, but the ones we see most often include:
The driver owns more than one vehicle, and there is some impediment to properly registering one of the vehicles. Perhaps there is an emissions issue or a title defect that is holding up the registration. The driver then affixes a license plate from another vehicle onto the unregistered vehicle because they want to drive it. In this case, we can often avoid the criminal charge if the driver gets the unregistered vehicle registered and gets a legitimate license plate on the vehicle.
We have also seen situations where a driver had their license plate stolen without their knowledge and replaced with another plate. I don’t know about you, but I could not tell you what my license plate number is without going out and looking at my car. It could take months or years for a driver to notice that someone had swapped out their license plate. Here again, correcting the situation can go a long way towards favorably resolving the charge.
Can you go to jail for fictitious plates?
Technically, yes. The law permits up to 4 months in jail for a fictitious plates conviction. However, there is no mandatory jail time and in our experience, jail time is extremely unlikely.
How much is the fine for a fictitious plates ticket?
While the law permits the fine, including surcharges and assessments, to approach $1,500, the actual fine should be much less. We have seen fines as low as $250 for a fictitious plates convictions.
What is a Deviation Request?
This page discusses how we use a defendant’s good background to help negotiate an improved outcome.
What Is An Arraignment?
The court date on an excessive speed ticket is an arraignment date. This page discusses the purpose of the arraignment and what to expect.