New York’s Vehicle & Traffic Law (VTL) strictly regulates many aspects of automobiles, including their license plates. Section 402.4 in particular requires proper plates. However, not all drivers understand what this means or what the implications of a ticket may be.
If you’ve received a traffic ticket for improper plates, it’s time to take care of it. Let our experienced traffic citation attorneys dispense with this issue so you can avoid expensive legal penalties. The New York Traffic Ticket Lawyers explains what you need to know.
What Is a VTL § 402.4 Ticket For?
If you are cited for violating § 402.4 of the Vehicle & Traffic Law, it may be described as “Improper Plates” on your ticket. The actual section of the New York statute reads as follows:
No person shall operate or drive a motor vehicle upon the public highways of this state having displayed thereon number plates not proper for such vehicle under the provisions of this chapter and, upon a conviction for this offense, the number plates shall be surrendered to the court for delivery to the commissioner. The failure to produce the certificate of registration or registration renewal stub of a vehicle shall be presumptive evidence of displaying number plates not proper for the vehicle. Every annual number plate issued shall remain the property of the state until the correct registration fee is paid. Every number plate of a permanent nature for use with a removable date tag which shall be issued shall remain the property of the state unless and until the commissioner finds that the state no longer has use for it. Number plates belonging to the state shall be under the control of the commissioner.
But this language isn’t exactly clear, so you may not even be sure what you’ve been cited for. It’s important to understand, first, that Section 402 as a whole concerns problems with license plates. So other subsections deal with issues like dirty, covered, and obscured plates.
Section 402.4 is specifically for “plates not proper” in New York, rather than for a plate with one of the above defects. This may mean there are one of several problems with your plates:
- Lack of certificate of registration or registration renewal stub: The statute explicitly states that failure to produce either of these is presumptive evidence that a vehicle is displaying plates that are not proper for the vehicle.
- The plates don’t match the registration: If the driver can produce the certificate of registration or the renewal stub, but the plate numbers don’t match, this could be a basis for the ticket.
- A different plate was required: The specific vehicle you’re driving may have required a different type of plate. If you have the wrong one, you may have been ticketed.
- Changed or expired registration: Another possible scenario is that the vehicle registration has changed or expired in a way that now renders the plates invalid.
Possible Penalties for an Improper Plates Ticket
Although the consequences of an improper plates ticket are not as bad as other violations, they are not something to take lightly. Here are the two primary issues you could be facing if you are found guilty for this citation:
- Fine: You will likely be fined between $25 and $200.
- License plate surrender: Upon conviction, the plates have to be surrendered to court and ultimately turned over to the Commissioner of Motor Vehicles.
A fine itself could be costly, but having to surrender your plates may cause further headaches. You won’t be allowed to legally drive until you secure proper plates for the vehicle. Driving without them could lead to a separate ticket that you will need to handle.
Defending Against a Ticket for Improper Plates
Before pleading guilty to this ticket just to get rid of it, you should speak with a New York traffic citation lawyer about possible ways to defend against it. There may be one or more available defenses, based on the circumstances of your ticket, that could save you money and time.
For example, you may be able to show that the plates are proper for your vehicle. If you can produce your registration, and the plates match the information on it, that may also help. These and other defenses are highly fact-specific, so speak with an attorney.
Another possible defense is that you were cited under the incorrect statute. For example, there is another specific subsection of VTL § 402 (namely, subsection 1) that deals with covered and obscured plates. Under these circumstances you may be able to have the ticket dismissed.
Contact Our New York Attorney for Improper Plates (VTL § 402.4) Ticket
If you received a ticket for improper plates, reach out to us. We can review the facts and evidence in your case and then seek the best possible outcome. Get started today by giving The New York Traffic Ticket Lawyers a call or completing our online contact form.
Frequently Asked Questions About New York Improper Plates Tickets
Are jail time, driver’s license points, or insurance hikes possible?
Generally, no. VTL § 402.4 does not authorize jail time for this ticket and it’s a non-moving violation, which means no points are added to your license. You also should not expect to see insurance premium hikes based solely on a violation of this specific law.
Is this a “fix-it” type ticket?
Some tickets allow the driver to fix the problem, present proof, and then get the ticket dismissed. However, New York law does not provide an automatic dismissal for this ticket so it cannot be called a “fix-it” ticket. Still, correcting the problem could help you negotiate a better outcome.
Can I fight a ticker for improper plates?
Yes, depending on the facts you may be able to show that your plates were proper for your vehicle and that the prosecution cannot prove the necessary elements to secure a conviction. It may help your case, also, if you were ticketed under the wrong subsection of the statute.
What happens if I don’t pay the ticket?
Ignoring the ticket will lead to further legal issues. You will likely be convicted by default and you could have your driving privileges suspended. It’s important that you don’t ignore this ticket and thereby create bigger problems. Reach out to our office today.