Utah License Plate Violations

According to the Utah Department of Motor Vehicles, “All registered vehicles in Utah must display license plates.” What are other laws regarding license plates in Utah and what issues can arise from license plate violations?

Use of License Plates

Photo by: Jerry “Woody”

Officers on Utah roads can tell a lot about a vehicle by the license plate alone. By either scanning or entering in the information found on the plate, law enforcement can:

• Ensure the vehicle is registered and to whom;
• Check to see if the vehicle has been reported stolen;
• Locate a vehicle that may be suspected as being used in a crime;
• Find out if the person to whom the vehicle is registered has warrants out for their arrest; or
• Make sure the license plates displayed are on the correct vehicle.
License plates are regularly scanned and searched throughout the day and because of this, they must be able to be seen by nearby officers.

Visibility

Having a license plate on a vehicle is futile if a plate is obstructed or placed in a low-visibility area. Many officers search license plates from inside their vehicles and need the plates to be visible from there. Utah Code 41-1a-404 regarding license plates and registration indicia state that “a license plate shall at all times be:

(a) Securely fastened:
i. In a horizontal position to the vehicle . . . to prevent the plate from swinging;
ii. At a height of not less than 12 inches from the ground . . .
iii. In a place and position to be clearly visible; and
(b) Maintained:
i. Free from foreign materials; and
ii. In a condition to be clearly legible.”

That section goes on to explain that as long as the license plate is installed correctly, the driver will not be issued an infraction for low visibility of the license plate if the plate is “. . . obscured exclusively by . . .

(a) a trailer hitch;
(b) A wheelchair lift or wheelchair carrier;
(c) A trailer being towed by the vehicle;
(d) A bicycle rack, ski rack, or luggage rack; or
(e) A similar cargo carrying device.”

Illumination

The need for license plates to be visible is not saved for daylight hours only. Officers must also be able to read the plates when it’s dark. Besides the necessary head lamps and break lamps, all motor vehicles in Utah are required to have proper illumination of their rear license plates at night. Utah Code 41-6a-1604 reads: “Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate.” When the bulb illuminating the rear license plate goes out, many drivers remain unaware as they seldom see the rear of their vehicle when the lights are on. For this reason, failure to illuminate a rear license plate is a common reason for traffic stops in Utah including those that lead to an arrest for other charges.

Rear AND front license plates

Photo by: Michael Durausch

Contrary to what is seen on several vehicles on the road, license plates are indeed required on the front of vehicles – not just the rear. If this is the case, why are there so many thousands of vehicles on Utah roads that are lacking the front license plate? Utah Code 41-1a-404 states “License plates issued for a vehicle other than a motorcycle, trailer, or semitrailer shall be attached to the vehicle, one in the front and the other in the rear.” That section goes on the note “Enforcement by a state or local law enforcement officer of the requirement . . . to attach a license plate to the front of a vehicle shall be only as a secondary action when the vehicle has been detained for a suspected violation by any person in the vehicle . . . other than that requirement . . . to attach a license plate to the front of the vehicle”. So although failure to display a front license plate can result in a traffic violation, it cannot be the reason a vehicle is pulled over in the first place.

Searches stemming from license plate violations

As stated above, many traffic stops begin with a license plate violation such as failure to illuminate plate or for having a plate obstructed from view. Once a vehicle is pulled over, more issues may arise depending on what the attending officer observes during the traffic stop. Often a stop for a license plate violation is made when an officer has a suspicion about one or more persons in the vehicle. The attending officer may request to search the vehicle or find probably cause to perform a search without consent. It is important for all drivers to know their rights regarding legitimate reasons for traffic stops involving license plates and any accompanying vehicle searches. For those who may be facing charges or who have concerns about whether or not their rights have been violated, contact a criminal defense attorney.

Arrests Accompanied by Minor Traffic Violations

Many individuals arrested in Utah are first pulled over for avoidable traffic violations.

A felony with an infraction on the side

If someone makes a driving error in the presence of a police officer they will usually get pulled over and issued a warning or a ticket. Once stopped by police for a minor traffic violation, police may then find valid reasons to arrest the driver. Police booking reports around the state show a pattern of criminal charges accompanied by infractions from simple traffic stops. Some common examples seen include:

Photo by: Chris Yarzab

• An individual arrested for a DUI while also being listed as having an infraction such as speeding.

• Someone charged with drug possession along with an infraction for not signaling while switching lanes or turning.

• A driver arrested for a weapons charge and a minor charge for no license plate light.

• Another person with warrants who is also charged with not fully stopping at a stop sign.

Happenstance or a planned stop

When someone is pulled over for a traffic stop, sometimes the officer has no idea the person was or is in the process of committing crimes likely to lead to an arrest. Other times however, the office may have a hunch about a driver and tails their car until they make a mistake, at which point the officer has a reason to pull them over to follow up on their gut feeling.

Possible profiling

If someone is followed by police prior to being pulled over for a traffic violation, it may feel unfair to the driver and depending on the circumstances, could be considered a form of profiling. Anyone facing criminal charges following a traffic stop is encouraged to seek legal counsel. If concerns arise regarding possible profiling or violations of constitutional rights, an experience defense attorney will know best how to handle the legal proceedings.

Racially Motivated Traffic Stops and Searches

The topic of racially motivated traffic stops has been up for debate national wide as well as in Utah, with many claiming drivers who are not of Caucasian decent are overly scrutinized while suffering through more search and seizures than other drivers.

Minorities and traffic stops

According to the Office of Justice Programs Bureau of Justice Statistics regarding traffic stops that resulted in searches, “a lower percentage of white drivers stopped by police in 2011 were searched (2%) than black (6%) or Hispanic (7%).“ While 6-7% of minorities beings searched to 2% of whites may not seem like enough of a spike to be considered excessively abnormal, it begins to raise eyebrows when one takes into account the total population of each race. In the year prior to the traffic stop statistics shared by the OJP, the 2010 census stated that:

• 72% of the U.S. population identified as being white alone;
• 28% identified as being Black, Hispanic, or another minority race.

6-7% of a lesser population of Americans being searched by police versus 2% or a larger population should be cause for concern.

Unbalanced prison population

Since research has shown that those of color or ethnic backgrounds face more scrutiny during traffic stops than whites who are the predominate race, it isn’t a surprise to know that the prison population is unbalanced rationally as well. According to the Prison Policy Initiative, a non-profit non-partisan group that organizes statistical information on incarceration rates nationwide, in Utah jails and prisons in 2010:

• there were seven times more Black inmates than Whites;
• over twice as many Hispanics to whites; and
• four times more American Indian/Alaska Natives to Whites.

These numbers are even more alarming considering Utah is predominately white (78.8% white non-Hispanic).

Racial profiling defense

If the amount of traffic stops resulting in searches and seizures was not ethnically discriminatory, there is a good chance the racial divide of those incarcerated in Utah would even out as well. For those who wish to discuss charges attained following a traffic stops and search that could have been racially driven, contact a criminal defense attorney who is impartial to racial differences.