I just renewed my license tabs, and noticed that if my plate
was 10 years or older, it had to be replaced to ensure that it was
legible. MCL 257.225(2) states that a registration
plate shall be “in a place and position that is clearly visible…maintained free
from foreign materials that obscure or partially obscure registration
information and in a clearly legible condition.”
The Michigan Supreme Court recently ruled on a case that we
Michiganders should pay heed to with the summer camping season coming up –
before you hook up your camper to the back of your truck this summer, be
certain that the trailer hitch doesn’t obscure the full view of the license
plate. If it does, or if any other
object obstructs the visibility of your plate, the police can pull you over for
this offense alone. And if you’re like
Charles Dunbar, it might lead to worse consequences.
Back in 2012, Mr. Dunbar was cruising around Muskegon County
in his Ford Ranger, which had a towing ball attached to the bumper. The police were also cruising around, and
decided to run his license plate, for no other particular reason than that’s
what police do. Because the towing ball
was in the way, they punched in the wrong plate number, which made it look like
Dunbar was driving the wrong car. We all
know what happened next – Dunbar was pulled over.
Unfortunately for him, the cops noticed the undeniable odor
of marijuana coming from his vehicle, and you can probably guess what happened
next – the search led to more exciting finds – cocaine and a gun!
Naturally, Dunbar wanted this evidence suppressed, arguing
that the cops had no legal basis to pull him over in the first place. The trial court disagreed, noting that Dunbar
had violated the statute since his plate was obstructed by the towing
ball. The Michigan Court of Appeals
sided with Dunbar, however, and reversed the lower court’s decision.
On March 29, 2016, the Michigan Supreme Court unanimously
ruled that the trial court was indeed correct, and Dunbar was once again out of
luck. This wasn’t exactly his first
offense either, having been charged as a fourth time habitual offender.
Make sure to add checking your license plate to your camping
to do list - we can all agree that living in a tent is better than a jail cell.
