Legal Question in Criminal Law in Florida
My son bought a privately owned car and insured it, but has not registered it in his name. He was stopped by police and issued a ticket for "failure to register a vehicle". He is on probation and afraid if this charge isn't dropped he will be sent to jail. Is this possible? Does he need an attorney?
2 Answers from Attorneys
Florida Statute 320.0605 entitled Certificate of registration; possession required; exception.: reads as follows: �The registration certificate or an official copy thereof, a true copy of a rental or lease agreement issued for a motor vehicle or issued for a replacement vehicle in the same registration period, a temporary receipt printed upon self-initiated electronic renewal of a registration via the Internet, or a cab card issued for a vehicle registered under the International Registration Plan shall, at all times while the vehicle is being used or operated on the roads of this state, be in the possession of the operator thereof or be carried in the vehicle for which issued and shall be exhibited upon demand of any authorized law enforcement officer or any agent of the department, except for a vehicle registered under s. 320.0657. The provisions of this section do not apply during the first 30 days after purchase of a replacement vehicle. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.�
While I don't know of many judges who would deem a civil citation to be a per se violation of one's probationary sentence, why risk the chance? I suggest you hire local counsel to assist in the disposition of the citation.
I want to add that most violations in Chapter 320 are criminal misdemeanors which would have the effect of violating his probation and subjecting him to jail. Yes, he needs an attorney.
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