Attaching False Plates in Massachusetts: Defenses Against Criminal Traffic Charges

What Does 'Attaching False Plates' Mean in Massachusetts?

In Massachusetts, swapping license plates between vehicles is not just a minor rule violation; it is a serious criminal offense. Under Mass. Gen. Laws ch. 90, § 23, it is illegal to attach or permit the attachment of number plates assigned to another vehicle, or to obscure the identity of a motor vehicle. The legislative intent behind this law is to prevent criminals from using fake or stolen plates to hide stolen cars or flee from the scene of a crime.

However, many people charged with this offense are not criminals. Common scenarios include a resident placing plates from their old car onto a newly bought car before properly registering it, a mechanic misusing dealer plates (Section 5 plates), or someone swapping plates to avoid neighborhood towing for an unregistered vehicle. Regardless of intent, police in cities like Boston, Cambridge, and Somerville enforce this strictly, leading to immediate towing and a criminal citation. Legal precedent, such as Commonwealth v. Starr, 55 Mass. App. Ct. 590 (MA Appeals Court 2002), underscores the state's authority to conduct stops and issue charges based on plate discrepancies.

Step-by-Step Process for Resolving an Attached Plates Charge

Handling a charge of attaching false plates requires careful navigation of the Massachusetts court system. Your primary goal is to prevent the charge from resulting in a criminal conviction on your record.

Step 1: Request a Show Cause Hearing

If you were not arrested on the spot but were handed a uniform citation, you have four days to request a Clerk Magistrate hearing. Sign the back of the citation and mail it in immediately. This is your most important step. If you miss this deadline, a criminal complaint will issue, and you will face an arraignment at a local court like the Cambridge District Court, Cambridge or the Somerville District Court, Somerville.

Step 2: Retrieve Your Impounded Vehicle

Because the plates on the vehicle did not belong to it, the police will tow the car. To get it back, you must properly register the vehicle. Visit the Registry of Motor Vehicles, Springfield or your local branch, pay any taxes owed, and submit Form RTA, Massachusetts, Registry of Motor Vehicles, Registration and Title Application. Once properly registered, bring the new registration to the tow lot.

Step 3: Gather Mitigating Evidence

Work with your defense attorney to compile evidence showing you lacked criminal intent. If you were a mechanic test-driving a car, gather proof of your Section 5 repair plates and employment. If you simply misunderstood the 7-day transfer law when buying a new car, gather your dated bill of sale and the registration for the old car.

Step 4: The Clerk Magistrate Hearing

At the hearing, your attorney will present your mitigating evidence to the Clerk Magistrate. The goal is to show that the plate attachment was an honest mistake, not an attempt to conceal the vehicle's identity for nefarious purposes. If successful, the Magistrate may dismiss the case prior to arraignment, completely protecting your CORI.

Step 5: Pre-Trial Conference (If Complaint Issues)

If the Magistrate authorizes the complaint, you will be arraigned. The next step is a pre-trial conference, where your lawyer will negotiate with the prosecutor. Often, prosecutors in Massachusetts District Courts are willing to reduce this charge to a civil infraction or offer pre-trial probation if you have an otherwise clean record and have since properly registered the vehicle.

Costs and Penalties Associated with the Charge

An attaching false plates charge brings a mix of statutory fines and immediate out-of-pocket expenses.

Timelines for Resolving the Case

Getting your vehicle out of the tow lot should be done within 1 to 3 days to avoid massive storage fees. Once you request a hearing, you will typically wait 4 to 8 weeks to appear before a Magistrate. If the case proceeds to a formal criminal complaint, resolving it through pre-trial hearings can take 3 to 6 months depending on the docket volume at the Boston Municipal Court, Boston or your local district court.

Frequently Asked Questions (FAQ)