Temp license plate only in the front window…is that ok? | DUI trial ...

Buying a new car?  The dealers usually put the temporary sticker in the front window.  And when asked why, they usually say it’s their policy, or they’re required to put it in the front window.

The truth is (in California) an officer can pull you over for not having a visible license plate in your rear window.

“When only one license plate is issued for use upon a vehicle, it shall be attached to the rear thereof , unless the license plate is issued for use upon a truck tractor, in which case the license plate shall be displayed in accordance with Section 4850.5.” Veh. C § 5200(b).

The California Courts have discussed this issue, and confirmed.  And also held if you have the temp plate stuck to the front window only, the officer has no duty to check if you have a front sticker before pulling you over to investigate.  See People v. Saunders (2006) 38 Cal. 4th 1129, where the court concluded that there was no violation of defendant’s U.S. Const., 4th Amend., rights because the underlying traffic stop was lawful.  The lack of a front license plate was a legitimate basis for a traffic stop, even though the temporary sticker indicated that there might be an innocent explanation.  Ugh..

Further explanation: “Absence of license plates provides reasonable suspicion that the driver is violating the law. Unless there are other circumstances that dispel that suspicion, that resolve any ambiguities in the legal status of the vehicle’s conformance with applicable laws, the officer may  stop the vehicle and investigate without violating the driver’s Fourth Amendment rights. [cite]  The uninvestigated chance that a temporary operating permit might be displayed somewhere on the vehicle is not such a dispelling circumstance.” People v. Dotson (2009), 179 Cal. App. 4th 1045, 1052.

As a general rule, if you’re buying a new car, or removing your license plate for any reason, you may want to think about putting your temp license in the rear as the California Vehicle Code requires.  It’s not legal advice…just some food (or booze) for thought..