California Car Registration Fraud: Vehicle Code 4463 (VC)

California is one of the most expensive states for car ownership, leading some drivers to look for ways to avoid registration fees, taxes, and emissions requirements.. But using fraudulent license plates, registration documents, smog certificates, or vehicle tags can lead to serious criminal charges that may cost far more than a typical DMV registration. Depending on the circumstances, prosecutors may file misdemeanor or felony charges that can result in incarceration, fines, vehicle impoundment, and more.

If you are accused of using fraudulent vehicle registration tags or documents in Vista, immediately contact a criminal defense attorney to help you fight these serious charges.

Vehicle Registration Fraud in Vista

Under California Vehicle Code section 4463 (VC), falsifying, forging, or counterfeiting vehicle registration stickers, license plates, or registration documents is an act of fraud. Examples include:

• Creating a fake smog certificate because you know your vehicle would fail.
• Stealing registration stickers from another vehicle and putting them on your car.
• Using an altered, forged, or otherwise fake registration sticker.
• Intentionally putting the wrong license plate on an automobile to avoid registering it with the DMV.

Most people are charged with registration fraud for having a registration sticker not matching the vehicle; however, some people may also face charges for making false statements to the Department of Motor Vehicles, charged under California Vehicle Code 20 (VC). Examples of false statements include:

• Misrepresenting the year of your vehicle so you can get around smog laws.
• Understating the value of your vehicle while registering it with the DMV to reduce the amount of taxes you must pay on the car.
• Maintaining a P.O. Box in another state to register your car in the other location and avoid paying California’s registration fees and taxes. (This offense can also be charged under 8804 (VC)).
• Buying and registering a luxury vehicle out of state to avoid paying California sales tax and registration fees, known as the Montana loophole. (Also charged under 8804 (VC)).

In recent years, California has taken a proactive approach to identifying vehicle fraud, establishing aggressive, multi-agency task forces to crack down on individuals hoping to bypass state registration fees and taxes.

Intent is Crucial in These Cases

To commit any form of fraud, you must be acting intentionally. Clerical errors, misunderstandings of DMV forms, and other mistakes are not grounds for criminal charges. For example, if you own two cars and accidentally switched the registration stickers when you put them on the vehicle, you have not committed vehicle registration fraud. Similarly, it is not against the law to misremember the year of your vehicle when filling out a registration card.

Likewise, knowledge is crucial. If you were driving your parents’ car, for example, and had no knowledge that they applied stolen vehicle tags, you should not be on the hook for their crime.

If you have been accused of these crimes and have evidence that you did not act intentionally, your attorney may be able to have the charges dropped.

Penalties for California Vehicle Code 4463 (VC), 8804 (VC), and 20 (VC)

Many believe that DMV fraud could only result in traffic tickets or similar infractions, but these criminal offenses can leave you behind bars. 4463 (VC) is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony. As a misdemeanor, it’s punishable by up to 1 year of jail time, and as a felony, it carries a prison sentence of up to 3 years.

Providing false information to the DMV under 20 (VC) and violating your vehicle out of state under 8804 (VC) are less serious offenses, punishable by up to 6 months in county jail.

If the DMV has grounds to suspect you committed fraud on any application filed with them, they may choose to suspend, revoke, or refuse to renew your driver’s license.

Defenses to Fraudulent Car Registration Charges in California

Anyone accused of these crimes should contact San Diego fraudulent vehicle registration stickers attorney as soon as possible to start building a strong case on their behalf. One of the strongest defenses to these charges is to show you did not have the intent to defraud the DMV. Other defenses may include:

• Illegal search and seizure
• Wrongful allegations
• Mistaken identity
• Accidental switching of tags or paperwork
• Lack of knowledge
• DMV clerical errors
• Recent or frequent moves to or from California
• The vehicle was kept exclusively on private property

In many cases, working quickly to obtain proper vehicle registration with the help of a qualified attorney can demonstrate an intention to correct the issue and a desire to comply with the state’s DMV framework, which can help during plea bargaining.

Call a Lawyer Today

Because prosecutors must prove intent to defraud, many vehicle registration fraud cases involve factual disputes and defenses that may not be immediately obvious. An experienced criminal defense attorney can evaluate whether the evidence supports the charges and whether the prosecution can prove you had fraudulent intent.

If you have been accused of using fraudulent vehicle registration, tags, plates, or participating in any other type of DMV fraud, attorney Peter M. Liss can help. Please call (760) 643-4050 to schedule a free consultation.

Frequently Asked Questions About Vehicle Registration Fraud

How Can Police Tell if My Registration is Expired?

The number one way they can tell is by running your plates, which lets them see a lot of information about your vehicle, including your registration.

When Can Police Stop Someone for Their Registration?

Police can pull anyone over if they suspect the person is committing vehicle registration fraud. However, if someone has expired tags, an officer must wait at least a month after the registration was slated to expire before stopping their car solely based on their registration.

Similarly, while officers can immediately tow someone when they find evidence of fraudulent registration, they cannot tow someone for expired registration unless more than six months has lapsed since the registration date.

Will My Car Be Towed if I am Accused of Vehicle Registration Fraud?

Yes. Police may tow and immediately impound your vehicle if they find evidence of fraudulent registration.

What Is Vehicle Code 4463 (VC)?

This is California’s law covering vehicle registration fraud. The law prohibits using fraudulent tags, smog certificates, registration paperwork, and license plates.

Is Vehicle Registration Fraud a Felony?

It is a wobber, meaning it can be filed as a misdemeanor or a felony. When filed as a felony, 4463 (VC) is punishable by up to 3 years in prison.

Can I Be Charged if I Didn’t Create the Fake Registration?

Yes. If you knowingly used a fake registration, you can still be charged under 4463 (VC), even if someone else made the document.

What if I Didn’t Know the Registration Was Fraudulent?

Intent is a crucial element of these charges. If you drove a car and believed the registration was legitimate, you may have a defense to these charges.