Vehicle Registration Fraud | California Vehicle Code 4463

California Vehicle Code 4463 makes it a crime to engage in fraud or forgery regarding vehicle registration certificates, tags, stickers, license plates, or a smog test certificate.  This crime is considered a “Wobbler” which means this crime can be charged as either a misdemeanor or felony.  Sentences are up to 3 years in jail or prison.  

California Vehicle Code 4000(a)(1) requires drivers in California to have and display valid vehicle registration.  California Vehicle Code 4000(a)(1) states that “a person shall not drive, move, or leave standing upon a highway, or in an off-street public parking facility, any motor vehicle, trailer, semitrailer…unless it is registered and the appropriate fees have been paid….”  A violation of this statute is charged as an infraction and can subject you to fines payable to the court.  

The state considers vehicle registration forms, stickers, and tags as official documentation.  Because they do so, any falsifying, altering, or forging registration forms, stickers or tags is illegal and will constitute registration fraud.  

California Vehicle Code 4463 states different ways a person could be charged with vehicle registration fraud.  These ways include:

• Alter, forge, counterfeit or falsify a certification of ownership with the intent to represent it was issued by the department;
• Alter, forge counterfeit or falsify a registration card with the intent to represent it was issued by the department;
• Alter, counterfeit or falsify a license plate or temporary license plate or permit with the intent to represent it as issued by the department;
• Utter, publish or pass or attempt to pass as true a false or altered registration tag knowing that it is false or counterfeit;
• Publish or pass or attempt to pass as true a false or altered certificate or license knowing it is false or counterfeit;

Some examples of ways you can be found in violation of Vehicle Code 4463 include:

• Taking a registration sticker from another vehicle and placing it on your own, representing your registration is up to date.
• Using another vehicle’s valid registration and tags on a different vehicle.
• Registering a vehicle in a different state to avoid paying California registration fees or to avoid a smog check.  
• Knowingly understating what you paid for a vehicle to avoid registration fees.  

If you are convicted of Registration Fraud you face either Felony or Misdemeanor Charge and receive up to 3 years in prison.  

What is Auto Registration Fraud in California?

California Vehicle Code 4463 makes is a felony for any person who with the intent to prejudice, damage or defraud, utters, publishes passes or attempts to pass as true or genuine, any false, altered forged or counterfeit certificate of ownership, registration card, license plate, registration tag or even a smog check certificate, knowing it to be false, altered, forged or counterfeited.  

The prosecutor must prove all the following beyond a reasonable doubt:

1. Defendant uttered, published or passed, as true and genuine a false, altered, forged or counterfeited certificate of ownership, registration card, license plate, registration tag or smog check certificate
2. Defendant knew that the certificate of ownership, registration card, license plate, registration tag or smog check certificate was false, altered, forged, or counterfeited, 
3. Defendant intended to prejudice, damage, or defraud.

For purposes of proving guilt of Auto Registration Fraud, the prosecutor only needs to prove that the person intended to defraud, prejudice or damage, not that they actually accomplished it.  The charge focuses on intent.  

What are some Examples of Auto Registration Fraud

Example 1:

Paul could not get his car to pass the smog check test.  So Paul paid a service station worker to test a “clean car” and provide a false smog check certificate for his vehicle.  Paul took this false certificate to the Department of Motor Vehicles to get his registration.  Paul could be found guilty of Vehicle Code 4463.

Example 2:

Sallie registration tags on her license plate are expired.  She does not want to renew her tags due to the cost.  Sallie finds another car in a parking lot and takes the sticker from that car’s license plate and places it on her own.  Sallie could be found guilty of Vehicle Code 4463.

Example 3:

Police officers pulled over Ronald while driving his truck.  While observing Ronald they found on his passenger seat counterfeit blank vehicle registrations allegedly from the Department of Motor Vehicles.  Even though Ronald did not pass these registration cards to the Department of Motor Vehicles or pass them off as authentic, he still can be found guilty of intent to possess fraudulent registration cards with the intent to defraud.  

What are the Penalties for Vehicle Code 4463 – Vehicle Registration Fraud

Vehicle Registration Fraud under Vehicle Code 4463 is a crime punishable as a Felony or Misdemeanor.  

Prosecutors will make the determination of whether to charge felony or misdemeanor for Vehicle Registration Fraud.  The prosecutor will use various factors to decide whether the charge is a felony or misdemeanor. 

If you are convicted of a Felony Vehicle Registration Fraud.  Fines will be up to $10,000, and you can face jail time of 16 months, 2 years, or 3 years.  

You can get Felony Probation, to avoid prison, but this lies in the discretion of the Judge and Prosecutor.  If you are granted Felony Probation you face a maximum probation term of 24 months and up to one year in jail.  

If you are convicted of Vehicle Registration Fraud as a Misdemeanor you can face a fine of up to $1,000 and up to one year in jail.    

There can be other penalties added onto your case such as payment of restitution to the victim or payment of back registration fees.

If you committed fraud in obtaining your license, the Department of Motor Vehicles could choose to revoke, suspend, or refuse to issue your California license.  

Defenses to Auto Registration Fraud

The Kolacia Law Firm has defended people accused of Vehicle Registration Fraud.  In some instances we were able to get the case dismissed.  Some of the defenses that can be used to get your charge reduced or dismissed include:

Lack of Intent to Defraud

A key element the prosecutor must prove to find you guilty of Vehicle Registration Fraud is the intent to prejudice, damage, or defraud.  If someone replaced your license plate without your knowledge, you have a defense for lack of intent to defraud since you did not know someone changed your license plate.  

Unlawful Search or Seizure

You can argue that the evidence found against you by law enforcement was a result of an unlawful search and seizure that violated your 4th Amendment Rights.  If officers conducted a search of your vehicle or house without a warrant a good criminal defense attorney will review the case to determine if a Suppression Motion should be filed to exclude the evidence  

Lack of Evidence

In criminal cases the prosecutor must prove the charge beyond a reasonable doubt.  The burden of proof rests with the prosecutor.  If the prosecutor has a case built only upon circumstantial evidence or weak evidence they may not have sufficient proof beyond a reasonable doubt to convict you.  

Along with these defenses a skilled criminal defense attorney can also petition the court for Judicial Diversion pursuant to Penal Code 1001.95.  If diversion is granted by the court, after completing the terms of the judicial diversion the court will dismiss your case.  

What Are the Related California Offenses

• Giving false information to the Department of Motor Vehicles or California Highway Patrol can be charged under California Vehicle Code 20.  
• Giving false information to a Peace Officer in performance of their duties under California Vehicle Code 31.  This can be applied if you gave a false name or information to a Peace Officer in a traffic stop.  
• Forgery or counterfeiting a public seal under Penal Code 472.  
• Forging or counterfeiting a driver’s license under Penal Code 470a, if you possessed or used a fake ID.  

Kolacia Law Firm Criminal Defense

At Kolacia Law Firm we have almost 20 years of experience in Criminal Law.  We possess a knowledgeable and deep understanding of all the California Laws including Registration Fraud under Vehicle Code 4463.  

If you are facing these charges, it is crucial to have an experienced criminal defense attorney on your side.  An experienced attorney will negotiate the best deal for you or even get your charges dismissed.  

For more information about forging or falsifying vehicle registration, and to schedule your free consultation, contact Rancho Cucamonga Criminal Defense Attorney – Kolacia Law Firm.