Covered Rear License Plate Ticket on Toll Road in California

[ryan89]

Hello, I received the following fines from a CHP officer on the 241 toll road in California. The officer said I was reported using a device on the toll road to cover my license plate while going through the Toll plaza. He gave me a ticket with the following fines below.
VC 5201.1 (b) Driving vehicle with device capable of covering license plate.
VC 5200 (a) No Front License plate
VC 26708 (a) (1) Obstructed view
VC 24004 continued operation of vehicle not in compliance with veh code.

I understand getting a ticket for no front license plate which is my second ticket in the last 6 months and front tinted windows but the others I don't agree with.

Notes:
The device is used for car shows to cover my license plate, to prevent people from having my license plate info in their pictures.
The device that covers my rear license plate was unplugged when the CHP officer pulled me over.
The CHP officer did not catch me using the device on the Toll Road
He entered my car without my consent and plugged the device in and used it.

I had my hearing and now have a court date to fight it on May 5th. Please help me understand how I can fight this ticket.

 

[FlyingRon]

The fact that you continue to rack up tickets for the same equipment violations makes VC 24004 a non-brainer. You're not supposed to continue to drive ignoring the fact you've already been told to get it fixed.

Your desire to hide your plate form cameras is irrelevant. The device itself is ILLEGAL in California even if you never go anywhere near a toll road. In fact, the point of that law was primarily to avoid people dodging red light cameras. The fact they didn't see you use it on the toll road probably allowed you to escape a toll evasion ticket as well. That could still happen if the cop is willing to dig through the toll records to determine you didn't pay.

I'm failing to see any defense here.

 

[ryan89]

Hi Ron,

In regards to VC 24004 for no front license plate. I understand and take blame for no front license plate.

So your saying the device itself is illegal? How would the officer know its a device capable of covering the license plate?

Correct me if I'm wrong, but doesn't the officer have to ask for consent to enter your car?

 

[justalayman]

It's funny that it was seen that you have a device that covers your license plate and we're using it even though you argue it was unplugged when you were pulled over. I guess the cop is just the luckiest guy in the world to know you have such a device although you argue it was inactive.

Basically, somebody saw you use the device. Unplugging it when the cop stops you doesn't prove you hadn't used the device to evade the tolls.

As Ron stated, it is illegal to have such a device on your car at all regardless of whether you used it or not. You're toast.

 

[CdwJava]

So your saying the device itself is illegal? How would the officer know its a device capable of covering the license plate?

Correct me if I'm wrong, but doesn't the officer have to ask for consent to enter your car?

Yes, Ron is saying the device itself is illegal:

VC 5201.1
(a) A person shall not sell a product or device that obscures, or is intended to obscure, the reading or recognition of a license plate by visual means, or by an electronic device as prohibited by subdivision (c) of Section 5201.
(b) A person shall not operate a vehicle with a product or device that violates subdivision (a).
(c) A person shall not erase the reflective coating of, paint over the reflective coating of, or alter a license plate to avoid visual or electronic capture of the license plate or its characters by state or local law enforcement.
(d) A conviction for a violation of this section is punishable by a fine of two hundred fifty dollars ($250) per item sold or per violation.
​

And, yes, these devices can be obvious when they are operating.

If you feel that the officer lacked the probable cause and exigency necessary to enter your vehicle, and you did not grant consent either explicitly or implicitly, then you can move to have the evidence excluded. However, one might argue that his observation of the unlawful device in operation coupled with his knowledge of the device and the inherent mobility of the motor vehicle granted him both the probable cause and exigency required to search without consent or warrant. But, it is an issue you can raise to the court.

Oh, and how about adding that plate and not obscuring them? It'll save you problems. Though, I suppose it means you'll have to start paying tolls ... and maybe a few fines.

 

[FlyingRon]

.
So your saying the device itself is illegal? How would the officer know its a device capable of covering the license plate?

The device is itself illegal to sell in California, and illegal to have on your car in California.
He doesn't need to know, he just needs probable cause.

Correct me if I'm wrong, but doesn't the officer have to ask for consent to enter your car?

You're wrong.