DUI 2nd Offense within 2 Months - Va. Code 18.2-266/18.2/270
DISPOSITION:
Reduced to DUI 1st Offense. 30 days in jail, all 30 days ALL suspended. Client was required to take the ASAP class, received a 12 month loss of license, a restricted license was authorized, and a $300 fine.
NOTE:
Client was stopped due to his LICENSE PLATE HOLDER or "TAG BRACKET" partially obscuring the word Virginia at the top of the license plate. Make sure your Tag Bracket does not interfere with, charge, alter or obscure your license plate. It was clear to everyone that the license plate said Virginia. However, it could be enough, and it was in this case, for the officer to stop you. I think the prosecutor did not want to put this issue in front of the judge since it was such a ridiculous and petty reason to stop someone to begin with. However, and legally, it's still a violation of the law if you... see below.
§ 46.2-716. How license plates fastened to vehicle; altering appearance of license plates.
A. Every license plate shall be securely fastened to the motor vehicle, trailer, or semitrailer to which it is assigned:
1. So as to prevent the plate from swinging,
2. In a position to be clearly visible, and
3. In a condition to be clearly legible.
B. No colored glass, colored plastic, bracket, holder, mounting, frame, or any other type of covering shall be placed, mounted, or installed on, around, or over any license plate if such glass, plastic, bracket, holder, mounting, frame, or other type of covering in any way alters or obscures (i) the alpha-numeric information, (ii) the color of the license plate, (iii) the name or abbreviated name of the state wherein the vehicle is registered, or (iv) any character or characters, decal, stamp, or other device indicating the month or year in which the vehicle's registration expires. No insignia, emblems, or trailer hitches or couplings shall be mounted in such a way as to hide or obscure any portion of the license plate or render any portion of the license plate illegible.
C. The Superintendent may make such regulations as he may deem advisable to enforce the proper mounting and securing of the license plate on the vehicle.
