Legal Poll: will this work?

**ill-advised strategy** · 03-24-2005, 06:09 AM

Here's how I plan on fighting this gaywad Utah ticket...any opinions if this will work?????
__________________________________________________ ______________

The officer in this case was legally mistaken in his belief that, despite the vehicle’s valid New Mexico registration*, it was required to display a front license plate under Utah statute**. There was no justifiable reason to detain the defendant, thus we ask that the secondary offense†, as fruit of the faulty detention‡, be dismissed.

*States that require front/back license plates:
Alaska, American Samoa, California, Colorado, Connecticut, District of Columbia, Hawaii, Idaho, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming-
States that require only a rear license plate :
Alabama, Arizona, Arkansas, Delaware, Florida, Georgia, Guam, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, New Mexico, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Virgin Islands, West Virginia,

** Utah law (Title 41-1a-404 UCA) requires that every vehicle registered in Utah, other than a motorcycle, trailer, or semitrailer, must have a license plate securely attached to the front and rear of the vehicle.
41-1a-401. License plates -- Number of plates -- Reflectorization -- Indicia of registration in lieu of or used with plates.
(1) (a) The division upon registering a vehicle shall issue to the owner one license plate for a motorcycle, trailer, or semitrailer and two identical license plates for every other vehicle.
(b) The license plate shall be issued for the particular vehicle registered and may not be removed during the term for which the license plate is issued or used upon any other vehicle than the registered vehicle.
(2) The division may receive applications for registration renewal, renew registration, and issue new license plates or decals at any time prior to the expiration of registration.
(3) (a) All license plates to be manufactured and issued by the division shall be treated with a fully reflective material on the plate face that provides effective and dependable reflective brightness during the service period of the license plate.
(b) The division shall prescribe all license plate material specifications and establish and implement procedures for conforming to the specifications.
(c) The specifications for the materials used such as the aluminum plate substrate, the reflective sheeting, and glue shall be drawn in a manner so that at least two manufacturers may qualify as suppliers.
(d) The granting of contracts for the materials shall be by public bid.
(4) (a) The commission may issue, adopt, and require the use of indicia of registration it considers advisable in lieu of or in conjunction with license plates as provided in this part.
(b) All provisions of this part relative to license plates apply to these indicia of registration, so far as the provisions are applicable.

†Under current law, seat-belt use is a "secondary offense" for adults, meaning adult motorists can be cited only if pulled over for some other offense, such as speeding.

‡Fruit of the poisonous tree is a doctrine of evidence law first established in Silverthorne Lumber Co. v. U.S. (1920). According to this doctrine, not only is evidence illegally seized inadmissible, but any evidence or testimony obtained later as a result of the illegally seized evidence is inadmissible.

**Yeti** · 03-24-2005, 09:29 AM

Quick take -- you're clean on the primary offense (plates), but that may not be enough to get you out of the secondary offense (belt). Even if the primary offense doesn't stick, he did pull you over under an allegedly reasonable belief of a primary offense -- which might make the secondary offense valid.

Fruit of the poisonous tree is an interesting argument in this context -- you have a decent shot, but by no means certain.

**A-wreck** · 03-24-2005, 09:52 AM

you should beat the plate ticket.

**Core Shot** · 03-24-2005, 11:28 AM

I like it.
I also like the idea of having a seasoned local attorney bring this up with the DA and getting this dismissed. ("c'mon Bob, this case is a dog, gimme a quick dismissal, are we still on for poker thursday" versus you going into court as a young drinker from out state trying to beat the rap on a technicality)
You can try it yourself, but if you lose, you will pay so much more in the long run.

**Core Shot** · 03-24-2005, 11:31 AM

Originally Posted by YetiMan

The officer in this case was legally mistaken in his belief that, despite the vehicle’s valid New Mexico registration*, it was required to display a front license plate under Utah statute**.

I doubt the cop said that. That's totally laughable.
No state can mandate that another state use a front plate.

He may have thought that NM was a state that required 2 plates, but even thats laughable. Its not like there aren't any NM plates in UT. He new better, its bogus. Surprised he didn't just say you were weaving or some BS.

**irul&ublo** · 03-24-2005, 12:32 PM

Sorry...fruit of the poisonous tree won't work. You'd never get beyond the well established good faith exceptions to the same. Plus, the traffic court judge will probably laugh at you and call you a JONG.

If that is the plate statute they got you on, seems to me you have a good argument.

**Tresckow** · 03-24-2005, 11:38 PM

Results:

Worked perfectly.

Case Dismissed.

Eat My Ass South Salt Lake City.

By the way...3 cops I've talked to (1 that pulled me over and 2 BCC sheriffs deputies) now think that the law is that even out of state vehicles from states with no front plate are in violation of utah law by not showing a front plate when they drive here.

**Tresckow** · 03-24-2005, 11:40 PM

heh...whoops...logged in as Ned. Heh.

**ill-advised strategy** · 03-24-2005, 11:41 PM

Originally Posted by Tresckow

Results:

Worked perfectly.

Case Dismissed.

Eat My Ass South Salt Lake City.

By the way...3 cops I've talked to (1 that pulled me over and 2 BCC sheriffs deputies) now think that the law is that even out of state vehicles from states with no front plate are in violation of utah law by not showing a front plate when they drive here.

yeah, that was me ^^^