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I was pulled over in MN for having a clear plastic cover over license plates. Can I attend the hearing, protest it, and win?
Anonymous2 views3 answers
Here is the staute/ordinace as written in MN.... Subd. 7. Plate fastened and visible. All plates must be securely fastened so as to prevent them from swinging. The person driving the motor vehicle shall keep the plate legible
and unobstructed and free from grease, dust, or other blurring
material so that the lettering is plainly visible at all times.
It is unlawful to cover any assigned letters and numbers or the
name of the state of origin of a license plate with any material
whatever, including any clear or colorless material that affects
the plate's visibility or reflectivity.
I bought the cover to keep the license plate clean and clear as the minivan is my first brand new car and l'm enjoying the clean look. Shouldn't this have been a warning/ I took off cover
You may certainly attend the hearing and protest the citation. You appear to have read the proper Minnesota statute. However, I suggest that you also do some case law research.
With respect to your question on whether you should have received a warning instead of the citation that is up to the officer’s discretion and observations. To that end, keep in mind that the issuing officer is likely to have testimony on whether your cover “affect[ed] the plate's visibility or reflectivity.”
Overall, you may be able to negotiate but I suggest that you bring your check book to court.
You may have an issue here. It is also likely you may be able to keep this off of your record. If you have the opportunity to either argue the issue or work out an agreement that would allow you to keep it off your record. If you do contest the ticket the officer will have his/her testimony. What they say about the cover, if they remember, will have a large impact on the resolution of your case. Consulting an experienced criminal defense attorney in your area will help you look at some of these issue including case law.
The question for the court would be does the cover "affect the plate's visibility or reflectivity." You might want to take a few pictures of it, or bring it in the court room and let the judge decide, or ask the prosecutor to dismiss if you agree to leave it off. Since the officer did not give you a warning, maybe the prosecutor will.
This response is for informational purposes only and is not offered as legal advice.
