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Court Says Trailer Hitch Reason To Stop Motorist
May 16, 2015
A state appeals court ruled Friday that police officers can pull over motorists if trailer hitches obscure portions of vehicles’ license plates.
A three-judge panel of the 1st District Court of Appeal refused to toss out evidence against , who was stopped by an Okaloosa County sheriff’s deputy because of an unreadable license plate. The car Baker was driving was stolen, and a search uncovered drugs and drug paraphernalia, according to Friday’s ruling. Baker, who was charged with a number of offenses, challenged the validity of the traffic stop because it was based on a trailer hitch obscuring the license plate.
But the appeals court, in a 14-page ruling, pointed to a state law that says license plates must be legible from 100 feet away.
“Appellant (Baker) asserts that the notion that a license tag obscured by a trailer hitch could violate the statute is absurd, as the Legislature could not have intended that every vehicle with a trailer hitch attached to it would be subject to a stop by law enforcement officers,” said the ruling, written by Judge Brad Thomas and joined by Chief Judge Joseph Lewis and Judge Robert Benton. “We disagree, and hold that this plain reading is reasonable, as the Legislature has a legitimate public-safety interest in ensuring that license tags remain unobstructed. The Legislature has an interest in ensuring that law enforcement officers can readily identify license tag numbers. In addition, the Legislature could have intended that the general public has the ability to identify license tags, if necessary, to report criminal activity or other important information. As such, we do not think such a plain reading of the statute leads to an absurd conclusion.”
The ruling, however, also suggested the Florida Supreme Court take up the issue.
Comments
12 Responses to “Court Says Trailer Hitch Reason To Stop Motorist”
You know a certain year and make and color vehicle has been stolen.
That year and make and color model drives by.
You can’t read the tag because the driver has obscured the tag.
Imagine if you COULDN’T stop it and check.
The owner would never get his car back.
It is interesting how many people want to stack the deck in the favor of criminals.
David for better people
@Scott, that’s the problems in this country, common sense isn’t that common!!!
Trailers are required to have licence plates too. No one in their right mind could expect to view a plate on a vehicle towing a trailer. However, if a towing is not taking place, legible plates are to be expected.
@really… Yeah, we really do need some common sense in the judicial system. When attorneys try to get their clients off that list of charges on the basis that the deputy didn’t have a legitimate excuse to pull the vehicle over, there is a problem.
The fact that it was heard before an appeals court, means the charges weren’t thrown out the first time on that bogus excuse for not being stopped. And, the fact that the Supreme Court is mentioned is utterly ridiculous, with two courts having already heard said argument, and denied the claim of unreasonable stop. Whatever the deputy’s reason for pulling the vehicle over, it was a stolen car, and the driver was in possession of drugs and drug paraphenalia. He’s guilty on all three counts; even remotely suggesting that he’s innocent, because the deputy didn’t have an excuse to stop him, is ludicrous.
I do not believe that a vehicle should have a trailer hitch attached when they are not towing a trailer. it is a big hazard in parking lots for people driving and walking.
@really!
Well said. At some point, common sense has to come into play. When the persons in your statement get pulled over and charged, something will change.
The law says the numbers of the tag must be visible from 100 feet. The law does not mention any exceptions – like pulling a trailer, having a tailgate down, having a dealer tag holder, a plastic cover that’s yellowed (or a brand new colored cover), a trailer hitch (ball), damaged numbers on a tag or for that matter, a mud splattered tag. The law says the numbers of the tag must be visible from 100 feet.
The report only indicated the hitch was obstructing the tag numbers – a trailer was not mentioned, so don’t assume he was pulling one. If a trailer is being pulled, the law states the trailer must have a tag that is visible from 100 feet.
F.S. 316.605Licensing of vehicles
…and in such manner as to prevent the plates from swinging, and all letters, numerals, printing, writing, and other identification marks upon the plates regarding the word “Florida,” the registration decal, and the alphanumeric designation shall be clear and distinct and free from defacement, mutilation, grease, and other obscuring matter, so that they will be plainly visible and legible at all times 100 feet from the rear or front. Except as provided in s. 316.2085(3),…
Why do we even have license plates? Besides a money grab what purpose do the really serve? My truck and life would be just fine without plates……think about it
If you are pulling a trailer, farm equipment, etc., then you must have a tag on the equipment that is visible. This makes perfect sense to me. Some people find reasons to find fault with every little thing. Laws are there for a reason and that is why our law enforcement is having so much trouble and stay in danger now. Too many people think they can write their own rules and change what already makes sense. It will never be perfect for everyone!
So, if vehicle tags are expected to be clear and unobstructed, how about the tags that have colored / tinted covers over their tags or those that were at one time clear plastic and over time have yellowed or become opaque?
Too, three are the specialty or dealership tag frames that cover parts of the vehicle license tag and hide the state name and other tag information from a clear and unobstructed view.
Will law enforcement now begin pulling over these vehicles?
if this holds up then every farmer , fisherman, sportsman is in danger of being stopped by police. I do not want criminals to get a pass, but anyone who pulls a trailer of any kind is breaking the law.
even driving with your tailgate down would be illegal,
truck manufacturers would have to redesign bumpers as well. Lets have some common sense, which seems to be in short supply these days
Ok heads up good people…when you steal a car make sure it doesn’t have a trailer hitch,oh and hide your dope some other place first.