NOT FINAL UNTIL TIME EXPIRES FOR REHEARING
AND, IF FILED, DETERMINED
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
JOSE LUIS MONTANEZ
v. Appeal No. CRC 05-55 APANO
Opinion filed _______________.
Appeal from a judgment and sentence
entered by the Pinellas County Court
Traffic Magistrate Carolee Blackmon
J. Stanford Lifsey, Esq.
Attorney for appellant
Heather Rose Cramer, Esq.
Attorney for appellee
ORDER AND OPINION
MATTER is before the Court on the defendant, Jose Luis Montanez’s, appeal from
a judgment and sentence entered by the
The defendant was found guilty of violating §316.605, Fla. Stat. (2005) --- improper display of a license tag. The defendant had his license tag attached to his motorcycle, but instead of it being attached horizontally, it was attached vertically. The defendant contends that the statute says nothing about the license tag having to be attached horizontally; therefore, his motion to dismiss should have been granted.
The statute requires that:
every vehicle … shall … display the license plate or both of the
license plates assigned to it by the state, one on the rear and, if
two, the other on the front of the vehicle, each to be securely
fastened to the vehicle outside the main body of the vehicle
in such a manner as to prevent the plates from swinging, and
all letters, numerals, printing, writing, and other identification
marks upon the
plates regarding the word “
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.”
Clearly what is required by the statute is that the license tag be plainly visible and legible --- not just that it be plainly visible and legible if you tilt your head to the side. The purpose of the statute is obviously for law enforcement and the general public to quickly and easily identify the license tag. That purpose is thwarted if the license tag is vertical. Therefore, a license tag that is vertical is not in compliance with the statutory requirement that it be plainly visible and legible. The judgment and sentence, therefore, is affirmed.
IT IS THEREFORE ORDERED that the judgment and sentence is affirmed.
AND ORDERED in Chambers at
J. Thomas McGrady
R. Timothy Peters
John A. Schaefer
cc: Heather Rose Cramer, Esq.
J. Stanford Lifsey, Esq.
Traffic Hearing Officer Blackmon