§ 4462.5 VC – Misuse of Vehicle Registration and License Documents

Vehicle Code § 4462.5 VC is the California statute that addresses false vehicle registration. This section makes it a misdemeanor to present police with a registration card that was not issued for the vehicle that you were driving. The statute also makes it a misdemeanor to display license plates that were not issued for the vehicle.

The language of the code section states that:

4462.5 VC. Every person who commits a violation of subdivision (b) of Section 4462, with intent to avoid compliance with vehicle registration requirements of Article 1 (commencing with Section 4000) of Chapter 1 or Article 1 (commencing with Section 5600) of Chapter 2, is guilty of a misdemeanor. 

Examples

• a driver showing police a false registration card after a stop for speeding
• putting a license plate on a car that was issued for another vehicle
• a motorist giving an officer a false permit after a stop for a red light violation

Defenses

Being cited does not necessarily mean the change will hold up in court. Common defenses are to show that:

• you had no intent to break the law,
• you presented valid registration, and
• there was no probable cause for the traffic stop.

Penalties

A violation of 4462.5 VC is a misdemeanor. This is opposed to a felony or an infraction.

The offense is punishable by:

• custody in county jail for up to six months, and/or
• a maximum fine of $1,000.

A judge can award misdemeanor (or summary) probation in lieu of jail time.

Our California criminal defense attorneys will address the following in this article:

• 1. What does VC 4462 do?
• 2. Defenses
• 3. Penalties
• 4. Immigration Consequences
• 5. Criminal Records
• 6. Gun Rights
• 7. Related Offenses
• Additional Resources

1. What does VC 4462 do?

California Vehicle Code 4462 VC prohibits presenting police officers registration or license plates not issued for the vehicle you are driving.¹ For you to be convicted, prosecutors have to prove the following elements of the crime:

1. Your car displays an invalid license plate or you showed police an invalid:
   • registration card,
   • identification card,
   • license plate,
   • temporary license, or
   • permit;² AND
2. You did so with the intent to evade the law.³

“Invalid” means that the card, permit, etc., was not issued for the vehicle you were driving.

2. Defenses

Defense lawyers draw on several legal strategies when contesting charges under these laws. Some include showing that:

1. you had no intent to break the law,
2. you presented valid evidence of registration, and/or
3. the police officer stopped you without probable cause.

You Had No Intent to Break the Law

You are guilty under these laws only if you act with the intent to break the law. This means it is a valid defense to show that you did not act with this intent. Perhaps, for example, you showed a false registration or ID on accident.

You Have Valid Evidence of Registration

It is a crime under this statute if:

1. you showed the police evidence of registration, and
2. that registration was not issued for your vehicle.

A defense, then, is to show that you presented valid evidence of registration.

There Was No Probable Cause

The police must have probable cause before stopping you for a traffic offense. “Probable cause” means that they reasonably believe you committed a traffic violation. If no probable cause, then any subsequent evidence of a crime (like failing to show proof of registration) can be dismissed.

The dismissal of evidence can lead to charges being reduced or dropped.

3. Penalties

Misuse of vehicle registration and license documents is a misdemeanor in California.

The offense is punishable by:

• custody in county jail (as opposed to state prison) for up to six months, and/or
• a maximum fine of $1,000.⁴

4. Immigration Consequences

A conviction under VC 4462.5 will not have negative immigration consequences. It is not a deportable offense.⁵

5. Criminal Records

4462.5 CVC is a misdemeanor. A conviction does give you a criminal record, but most people can get an expungement at the end of the case.

A judge will grant an expungement if you successfully complete:

• probation, or
• your jail term (whichever was imposed).

6. Gun Rights

A conviction of misuse of vehicle registration and license documents will not impact your gun rights. You can still possess firearms as long as you are otherwise legally permitted to do so.

7. Related Offenses

There are three crimes related to presenting false registration. These are:

1. misuse of handicap placards or license plates – VC 4461,
2. vehicle registration fraud – VC 4463, and
3. forged disabled parking placards – VC 4463b.

Misuse of Handicap Placards or License Plates – VC 4461

Vehicle Code 4461 VC is the State’s law against misusing a handicap placard or license plate.

VC 4461 prohibits misuse of a disability parking placard or license by:

1. knowingly allowing someone else to use it,
2. displaying a disabled placard or plates that
   • have been canceled or revoked, or
   • were issued to someone else, or
3. parking in a designated disabled parking space if not disabled.

Vehicle Registration Fraud – VC 4463

Vehicle Code 4463 VC imposes criminal penalties for fraud or forgery involving:

• vehicle registration certificates,
• vehicle registration stickers,
• vehicle license plates, and
• vehicle smog test certificates.

Specifically, the law prohibits the following:

1. altering or falsifying vehicle registration materials,
2. displaying or possessing blank or counterfeit vehicle registration materials, and
3. passing as true any false or altered vehicle registration materials.

Forged Disabled Parking Placards – VC 4463b

Vehicle Code 4463b VC is the State’s law against disabled parking placard fraud.

The statute makes it a crime to do any of the following:

1. forge or falsify a disabled person placard,
2. pass as true a false disabled person placard, knowing that it is false or forged, or
3. acquire or offer for sale a genuine or counterfeit disabled person placard.

Additional Resources

For more information, refer to these California DMV website articles:

• Disabled Placards and Plates – Instructions on how to get handicapped tags and plates.
• Vehicle Registration – Article on how to get your car registered in California.
• Insurance Requirements – Overview of the minimum insurance motorists need to maintain.
• Vehicle Record Request – Instructions for how to order your vehicle record online.
• Reinstatement – Overview of how to reinstate your registration.

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