Vehicle Code 4462.5 VC
VC 4462.5 – Misuse of Vehicle Registration or License
Misuse of Vehicle Registration or License – Table of Contents
What is California Vehicle Code 4462.5?
California Vehicle Code 4462.5 VC, is defined by state law as occurring when a motorist fails to comply with vehicle registration requirements. The statute also prohibits the improper use of licensing documents including temporary driver’s licenses, driver’s permits and license plate.
In California, in order to legally drive a car, a motorist must have:
- a valid driver’s license or driver’s permit
- proper vehicle registration
Certainly, maintaining a vehicle can be expensive, but failing to have any of the requirements will lead to significant time and money if you are charged with violations such as CA Vehicular Code 4462.5 VC, Misuse of Vehicle Registration and License Documents.
Violations of VC 4462.5 most commonly occur when a motorist is stopped by a law enforcement officer for an alleged traffic violation, and is asked to provide license and registration. If the motorist does not have a valid license or driver’s permit, or the vehicle is not properly registered or insured, the officer may charge you with violating VC 4462.5. Moreover, providing the law enforcement officer with documents that are not properly issued for the vehicle that the motorist is driving, can lead to additional charges including a violation of CA Vehicular Code 4463 VC, Vehicle Registration Fraud.
The goal of the law is to encourage all motorists to properly register vehicles in order to allow only authorized motorists to drive and vehicles that are appropriately registered, which helps to ensure the safety of all drivers and pedestrians. Certainly, the state has an interest in making sure every license plate displayed on a vehicle is properly registered to the actual owner. Moreover, providing the incorrect proof of vehicular registration is inconsistent with strong public policy that requires citizens to be cooperative and honest when questioned by law enforcement.
Certainly, providing any false documents to a law enforcement officer during a lawful stop can result in serious charges and sentences if convicted. Moreover, California VC 4462.5 VC, Misuse of Vehicle Registration and License Documents is written broadly and includes many required vehicular registration documents and ownership documents. Often, vehicles are subject to different types of registration, which are specifically enumerated in sections 4000 and 5600 of the Vehicular Code. Like all codes, the Vehicular Code can be confusing and complicated, so an experienced criminal defense attorney is important to help you understand the law, as well as help you win your case if you are charged with a crime.
VC 4462.5 – Sentencing
Violating CA Vehicular Code 4462.5 VC, Misuse of Vehicle Registration and License Documents is a misdemeanor under state law. In addition to misdemeanor (summary) probation, penalties for a conviction could include:
- incarceration in a county jail up to six months to one and/or
- a maximum fine up to $1,000.
VC 4462.5 -Prosecuting
As with all criminal cases, the prosecution must prove every element of a crime beyond a reasonable doubt. That means, under CA Vehicular Code 4462.5 VC, Misuse of Vehicle Registration and License Documents, you will beat your case unless the prosecution can prove the following:
- intent to avoid compliance with the registration requirements
- actual violation of a registration or license requirement at the time of the incident.
Moreover, an intentional or purposeful violation by law enforcement or the prosecutor of any state constitutional protection may be grounds for evidence being inadmissible, as well as the entire charge being dismissed. As mentioned, the most common scenario that leads to a charge under CA Vehicular Code 4462.5 VC, Misuse of Vehicle Registration and License Documents, is when a law enforcement officer stops a motorist for an alleged traffic violation. In order to lawfully stop a motorist, the law enforcement officer must have Probable Cause.
In other words, if you are not doing anything illegal, you cannot be pulled over without Probable Cause, or evidence that reasonably suggests a crime is being committed or may have been committed. Therefore, if a law enforcement officer observes a motorist exceeding the speed limit, or failing to stop at a red light, then there is probable cause that will allow a permissible traffic stop.
An experienced criminal defense attorney can review and explain the charges to you, as well as evaluate the strengths and weaknesses of the case. This is important because an attorney can persuade the prosecutor to drop the charges if the evidence is insufficient. More importantly, an experienced criminal defense attorney can not only help you win your case, but can protect your constitutional rights if there was a violation.
VC 4462.5 – Defenses
All charges are serious, and you should get an experienced criminal defense attorney who knows and understands the nuances and intricacies of CA Vehicular Code 4462.5 VC, Misuse of Vehicular Registration and License Documents, as well as the complexity of the criminal justice system. Common defenses to VC 4462.5 that an attorney can identify and help you win your case include:
- no intent to avoid compliance with registration requirements (i.e., an honest mistake resulted in displaying the wrong license plates)
- no knowledge (i.e., your partner switched registration cards without your knowledge)
- mistake of law (i.e., your vehicle is not covered by the statute)
- motorist actually is compliant with the registration requirements and has proper documents.
Misuse of Vehicle Registration – Hire Us
If you’ve been charged with CA Vehicular Code 4462.5 VC, Misuse of Vehicle Registration and License Documents, in the Los Angeles area, contact us today for a free consultation. Your freedom depends on finding an experienced Los Angeles defense attorney immediately. The sooner you reach out, the sooner we can work on getting your case drastically reduced or dismissed entirely.
Need a Criminal Defense Attorney? CALL NOW: 310-274-6529
Seppi Esfandi is an Expert Criminal Defense Attorney who has over 20 years of practice defending a variety of criminal cases.
How to Win Your Case
We cannot stress enough that you read, understand and follow these 10 basic rules if you are criminally charged or under investigation:
- Don’t ever talk to the police
- Do not discuss your case with anyone
- Everything you tell your lawyer is confidential
- Tell police you need to contact your attorney
- Never consent to any search by the police
- If the police knock on your door, don't answer!
- Realize the consequences of a criminal conviction
- Your lawyer (not you) will contact any witnesses
- Information on your cell phone is evidence
- Early Intervention is the key