My other half was cited for violating California's vc 4462.5. We just bought a non-op motorcycle and drove it around town after doing some mechanic work to make sure it was worth finishing the sale/investing in insurance and registration. Unfortunately, he decided to borrow the tag from our other car and of course was pulled over. He wasn't arrested and has no points on driving record, criminal history etc. I know what the potential penalties are, but I'm just looking for some insight. I recommended he plead not guilty but not sure if he should ask for a public defender. Is it worth hiring a lawyer for this case or is this something we can navigate ourselves? With a clean record and driving history, what are the chances jail time would be sentenced? We're low income, which is why we bought the motorcycle-to save on our commute, so finding a lawyer on a sliding scale is difficult over here in Monterey. Any help would be great, but please don't post "you should've known better" comments, I've already given him enough of that! Thank you!
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Help with CA VC 4462.5?
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You should NEVER attempt to navigate criminal charges by yourselves. If you are unable to afford counsel, the court will appoint counsel for you (and Monterey County has some of the best). He may actually have a defense to the 4462.5 charge. It is a misdemeanor to have a false tag only if the reason for doing so is to avoid compliance with registration requirements. If, as you say, this was just a test drive and was not an attempt to avoid registering the bike altogether, then this might not be a violation of 4462.5. I would still be a violation of Veh C 4462, which prohibits having false tags for any reason, but that is just an infraction. He should discuss this with his attorney.