Finally an answer: Upside-Down Plates Illegal

[summitdog]

In a case of first impression (meaning that no court had ever decided the issue), an appellate court in San Diego ruled that having one's license plate upside-down DOES violate Vehicle Code 5201.

The court wrote in relelvant sections:

The statute imposes three requirements -- that the plate be securely fastened to prevent swinging, that it be clearly visible, and that it be clearly legible. In denying Duncan's motion to suppress, the trial court ruled that an upside down license plate is not clearly legible. We agree.

The words "clearly legible" are unambiguous. "Clearly" means "without
equivocation; decidedly[.]" (Random House Unabridged Dict. (2d ed. 1993) p. 384.) "Clearly suggests without doubt or obscurity[.]" (Ibid.) The term has also been defined as "free from obscurity . . . unmistakable . . . unhampered by restriction or limitation." (People v. White (2001) 93 Cal.App.4th 1022, 1026, quoting Webster's 9th New Collegiate Dict. (1987) p. 247.) "Legible" is defined as "capable of being read or deciphered, esp. with ease . . . easily readable." (Random House Unabridged Dict. (2d 7 ed. 1993) p. 1099.) It is evident that the Legislature, in using the phrase "clearly legible," intended for the information on a license plate to be read with ease and without doubt or
mistake. Therefore, we conclude it would be a violation of the statute to mount the license plate upside down, which would make the plate more difficult or confusing to read. As the trial court noted, "There are people who can read things upside down, but you have to look at it for quite a while." The court properly found that Duncan's license plate violated section 5201.

This is clearly what is known as a "verdict driven decision". That is to say, the justices knew the outcome they wanted but just had to find a way to get there. The driver was found to have meth in the car. They justification the court gave: A 1993 EDITION OF RANDOM HOUSE DICTIONARY!!!

Clearly the justices have never heard of the OED.

Keep in mind that this judgment is not binding on courts in other jurisdictions but they can certainly use the judgment to "give them direction."

Scotty

ps
full text can be found at:http://www.courtinfo.ca.gov/opinions/documents/D050458.PDF

 

[Stormdragon]

I'm rather amazed that that ever had to go to court. I mean like.... DUH!

 

[Hoologan]

Something tells me Moike isn't going to flip his "MAD MAX" plate on the RGM, lol.

 

[HumboldtReign]

why would you have your plate mounted upside-down anyway? what good does that do?

 

[summitdog]

why would you have your plate mounted upside-down anyway? what good does that do?

Answer to questions:
1) push the envelope
2) point out the vague language of the statute
3) annoy LEOs

 

[narlycarly]

why would you have your plate mounted upside-down anyway? what good does that do?

To draw unnecessary attention to yourself and tie up the courts with yet another useless trial and waste taxpayers money so we have to spend it on morons that are being rebellious rather than on education for our children. $.02

 

[9integra2]

So, how much did this $10 fix it ticket cost San Diego to prosecute?

 

[tran_man]

Thank goodness for the ruling. What idiot would think upside down is legible?

 

[Spec-ECU]

Is the Earth round?

 

[zombi]

yeah but I'm still a little unclear about whether you can mount it at a slanted angle

 

[Razel]

So, how much did this $10 fix it ticket cost San Diego to prosecute?

I don't think it was the fixit ticket that was the issue, but the probable cause for pulling the driver over and discovering meth in the vehicle. Without the PC, the case for possession of meth could be thrown out.

 

[summitdog]

Moike,

Remember that the ruling is not binding here.

Scotty

 

[beestiboy]

Well there are definitely some cruiser types that this could affect. I would assume this argument could be jerrymandered to work when the plate is rotated 90 degrees to fit on the primary cover and whatnot on some custom choppers.

PS Moike i think your tags are expired!!

 

[shraz]

ya what about the 90degrees plates?

 

[ntula]

why would you have your plate mounted upside-down anyway? what good does that do?

exactly, takes the same space... some put them sideways on the end of the swingarms.

 

[bpowa]

I was told by my instructor, (not traffic school) that you can mount them anywhere, in the rear as long as it has a lamp, legible, and 12'' off the ground. Legible as to any "reasonable person" can read it. So a dyslectic, cop may issue you a citation if he feels, he cannot read it. I also asked him, if he would cite a moto for having it on the swingarm. since he's does traffic, as a moto cop. He said no. but one one can articulate, it is not visable.

IE. I got a ticket because my plate was bent slightly up. I got it signed off by another copper without fixing it. I went to court with it, along with another violation, and did not have to pay the fine (10 dollars). It does not say anywhere in the VC section that plates has to be flat. He just felt he cannot read it.

 

[Shaggy]

So, how much did this $10 fix it ticket cost San Diego to prosecute?

If you actually READ what summitdog posted, the driver of the vehicle was found to have controlled substances in the car. The defendant was no-doubt challenging the original PC for the stop, which lead to his arrest for the controlled substance.

 

[bpowa]

Summitdog; how does plates mounted VERTICAL, fit in to 5201 vc?

 

[CuriousMike]

I'm thinking mounting them upside down would screw up red-light-runner cameras.

Mounting them at 90' would likely screw them up as well.

 

[PASTAPWR]

I'm thinking mounting them upside down would screw up red-light-runner cameras.

Mounting them at 90' would likely screw them up as well.

How do you figure?

Red light camera process AFAIK:
1. Take picture of vehicle that has run red light
2. An actual person reviews said picture to define if ticket should be issued
3. Issue and mail ticket to offender