blank'/> Liberally Lean From The Land Of Dairy Queen: Check It Out

2.14.2007

Check It Out



If you're interested in legal stuff and have a license plate cover that obscures even the slightest portion of your license plate, you should read this about a court decision handed down today. (And be sure to click on the link to Judge Cochran's concurring opinion - it's very short and brief - and it is the rarest of rare these days: A Republican judge that is concerned about potential police abuse.)

7 comments:

m&m said...

Ya gotta love a judge with that kind of wit and sarcasm in their opinion.

Anonymous said...

I think someone should challenge it as being overly broad. The ONLY "governmental interest" in license plates involves the visibility of the letters, numbers, and the issuing state. That's it. Anything else obscured has absolutely NOTHING to do with using the license plate as an identifier (its sole reason for existence), and is incapable of being defined as "criminal conduct" under ANY definition of such.

HHL said...

8:35: I think you are applying the wrong legal standard. It is only necessary to look at how "compelling" the "government interest" is if the law in question abridges a constitutionally protected right.

In this case, there is no constitutional protection for having a license plate frame, so the law does not have to serve a compelling governmental interest, and does not have to be narrowly tailored for that purpose.

Constitutionally speaking, they can be as sloppy as they want with this kind of legislation. But clearly the concurring opinion is correct: this is a stupid law that thousands (millions?) are violating every day, and it serves no purpose other than to give police a pretext for search and seizure.

Anonymous said...

Hey Barry, is "Doo-dad" one of those fancy latin phrases you legal folks use in court???

What about "Dohickey"?

Anonymous said...

At least the Houston legislator has attempted to narrow this regulation by limiting the violation to those obscuring the license "number" not the other stuff on the plate. Wonder who could oppose his re-write?

Anonymous said...

What would be the fine if your license plate was obscured by cop brain/skull fragments?

Anonymous said...

I think they should be more concerned with motorist who refuse to put the front tags on their nice sports cars because they look bad! You see them every where. What's up with that?