Legal Question in Traffic Law in Florida

This might be a little drawn out. I was pulled over for "Attached Tag not assigned"

I explained to the officer that I had been pulled over the previous day (a Saturday thus the DMV was closed) and received a verbal warning to have the issue fixed as I myself had no idea the tag was incorrect. He had told me to take it to a tag office to sort it out on Monday, that further driving may result in being pulled over again and thus re-going through this process again causing a hassle for myself and the officer . I was staying at a friends house that day, so the next day I was driving the vehicle home.

Fast forward to the new pull over the next day and explaining this to him he does not believe my story. Stating all pull overs are taken into a database. But this happened in a county over and was only a verbal warning, so nothing was handed to me so how would he know if I was pulled over or not.

Regardless, he stated he did not believe me and that I was more than likely just a guy who had no money to afford the tag (I never one said I could not afford it as I again had no idea it was wronged).

Next he had me out of the car and in cuffs. Proceeded to put me in his car and then talk out side with is buddy for 5-8min. Then took me out and said to sign a paper for court or he would arrest me now (stating to be giving me an option as this was my first offence) in shock I quickly signed. My court date is tomorrow and I need to get out of this fine of roughly $400.

Basically my issue, I had no idea the tag was incorrect till the previous day. However I was unable to take the car home until Sunday. DMVs are closed till Monday so I could not do anything about it till then. I was not flaunting it about I was simply taking it home to deal with the issue the following day.

The Officer Made note that I had more than likely (he was keen on this fact being true) known the car was incorrectly tagged since the last time it had gotten its new Registration sticker, and that I made up a story about being pulled over the previous day.

I had no idea the tag was incorrect and fixed it 4 days after he pulled me over. Does he have to prove I 'knew it was wrong' or am I up creek without a paddle here...

I posted this earlier but I reposted for clarification as I stated some things incorrectly.


Asked on 1/22/13, 9:11 pm

2 Answers from Attorneys
Craig Epifanio Craig Epifanio, P.A.

I understand that you had no intention of driving the vehicle, but as you even admit here, "you had no idea the tag was incorrect till the previous day." That means on the day you drove and were charged, that you did know. Because the DMV was closed is not a legal excuse. You have legitimate mitigating excuses, but no legal ones that you posted here. However, as I stated in my previous post, there may be other legal defenses (excuses) that you could use and this should be discussed with an attorney in person. Contact one in your area because they can explain that even though you may have known it was wrong, you might not be up a creek without a paddle.

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Answered on 1/23/13, 7:00 am
Natalie Hall The Law Office of Natalie D. Hall, P.A.

I agree with my colleague. The crime of "Attached Tag not Assigned" requires knowledge. Because you were told on the previous day that the tag was not assigned, by your own admission, you knew.

An attorney may be able to review the ticket for other legal defenses or may be able to present mitigating factors to the State or the Court.

I practice in Seminole County.

Feel free to fax the ticket and other court documents- 866-220-8314.

Natalie Hall, Esq.

[email protected]

(407 412-7035

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Answered on 1/23/13, 8:49 am


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