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90-24b

(Click here to view the original thread on the MassCops Message Board)


Posted by: spd722

"Section 24B. Whoever falsely makes, steals, alters, forges or counterfeits or procures or assists another to falsely make, steal, alter, forge or counterfeit a learner’s permit, a license to operate motor vehicles, an identification card issued under section eight E, a certificate of registration of a motor vehicle or trailer, or an inspection sticker, or whoever forges or without authority uses the signature, facsimile of the signature, or validating signature stamp of the registrar or deputy registrar upon a genuine, stolen or falsely made, altered, forged or counterfeited learner’s permit, license to operate motor vehicles, certificate of registration of a motor vehicle or trailer or inspection sticker, or whoever has in his possession, or utters, publishes as true or in any way makes use of a falsely made, stolen, altered, forged or counterfeited learner’s permit, license to operate motor vehicles, an identification card issued under section eight E, certificate of registration of a motor vehicle or trailer or inspection sticker, and whoever has in his possession, or utters, publishes as true, or in any way makes use of a falsely made, stolen, altered, forged or counterfeited learner’s permit, license to operate motor vehicles, certificate of registration of a motor vehicle or trailer or inspection sticker, and whoever has in his possession, or utters, publishes as true, or in any way makes use of a falsely made, stolen, altered, forged or counterfeited signature, facsimile of the signature or validating signature stamp of the registrar or deputy registrar, shall be punished by a fine of not more than five hundred dollars or by imprisonment in the state prison for not more than five years or in jail or house of correction for not more than two years."

My question is do you think a registration plate with an unauthorized sticker attached to it, would qualify as altering a certificate of registration. Story behind the story, kid driving the other night, has a thin blue line sticker on his plate, one of the small ones stuck to the lower left hand corner. Kid has been linked to dealing 94c. Any thoughts?

PS (ogzee don't strain your arms reaching)



Posted by: Gil

I don't think it will fly. Unfortunitaly I think the only thing you can cite for is 90/6 (improper display)

I think that they (the powers that be) will look at "alter" as a way of attempting to make a false document, cert etc.. appear legit when it is not.



Posted by: spd722

yeah, I guess I was hoping for some validation, but I should know better. Better to leave him alone, and use it to stop him later when its worth it. thanks



Posted by: Edmizer1

90/24b has been interpreted not to include any license plate issues. I don't think any criminal offense applies here, but 90/23 concealing the identity of a m/v or the new 266/139 license plate offenses apply to license plate violations that are similar to the 90/24b driver license statute.



Posted by: ogzee28

Harddy harr harr....

This from a guy that has to wear weights in his boots so he doesn't get blown away with a breeze. I will say you did put some weight on...what you up to know 95 lbs.

Later M.

Ogzee28



Posted by: 209

For me i wouldnt use that as a reason to stop the kid...especially since you think you could get a good bust out of the stop...if your not sure and hell im not sure, i would want my stop based on a whishy washy interpretation of the law. better to get him for something cut and dry, marked lanes, failure to signal..bla bla....BUT screw that asshole, i would take that blue line sticker off the plate if you stop him, plates are owned by the registry not him, fuck him.



Posted by: Crvtte65

I asked a similar question on Pat Rodger's site:

http://www.policelegal.com/viewtopic.php?t=185

I saw a forged compliance decal and didn't know if it was covered through case law that it would be OK.



Posted by: 209

well i looked into this question and found out that yes you can stop him for the sticker on the plate, under improper display. no stickers can can be put onto plates unless the registry authorizes them.



Posted by: jay-z

Always a good question..Myself and another officer have charged for forged registration sticker under this chapter. We have won some and lost some, we have issued a Criminal Complaint for it and when it reaches the clerk or the judge the individual will take a CWOF with a small fine amount. Just like everyone else here we are in doubt about it, but he if in doubt summons and see where it goes....Happy Hunting



Posted by: OutOfManyOne

Quote:
Originally Posted by 209
well i looked into this question and found out that yes you can stop him for the sticker on the plate, under improper display. no stickers can can be put onto plates unless the registry authorizes them.
Where in CHAPTER 90 SECTION 6 does it say anything about not being allowed to put any decals on the plate?

Chapter 90: Section 6. Display of number plates; temporary number plates

Section 6. Every motor vehicle or trailer registered under this chapter when operated in or on any way in this commonwealth shall have its register number displayed conspicuously thereon by the number plates furnished by the registrar in accordance with section two or five or by temporary number plates authorized by the registrar as hereinafter provided, one number plate to be attached at the front and one at the rear of said motor vehicle, and one number plate to be attached at the rear of said trailer, but if the registrar issues but one number plate it shall be attached to the rear of the vehicle so that it shall always be plainly visible. The said number plates shall be kept clean with the numbers legible and shall not be obscured in any manner by the installation of any device obscuring said numbers, and during the period when the vehicle or trailer is required to display lights the rear register number shall be illuminated so as to be plainly visible at a distance of sixty feet. No number plates other than such as are procured from the registrar or such as may be authorized by him for temporary use, except as provided in section three, shall be displayed on any motor vehicle or trailer so operated; provided, that a motor vehicle or trailer which by reason of its interstate operation is registered in this commonwealth and elsewhere may display the register number plates of this and any other state or country in which it is registered, if, while being operated on the ways of this commonwealth, the number plates furnished by the registrar, or temporary number plates authorized by him as hereinafter provided, are displayed as required hereby. If any number plate supplied by the registrar is lost or mutilated or if the register number thereon becomes illegible, the owner or person in control of the vehicle for which said number plate was furnished shall make application for a new number plate, and thereupon the registrar shall issue to such applicant a permit allowing him to place a temporary number plate bearing his register number on said vehicle until a number plate of the regular design is made and delivered to said applicant; provided, that all such temporary number plates and the register numbers thereon shall conform to the regular number plates and be displayed as nearly as may be as herein provided for said regular number plates. Any motor vehicle or trailer may, if duly registered, be operated, pushed, drawn or towed or remain upon any way between the hours of twelve o’clock noon on the date on which its registration expires and twelve o’clock noon on the following day, if the following day is the first day of the new registration period, and if such vehicle or trailer displays its register number for either registration period as otherwise required by this section.

I think we all read too much into laws or not at all and we start interpreting laws how we think they are right. This is a recipe for disaster as you will find yourself in trouble down the road. Do it right and charge them with the right things. Last time I checked, 1 mile over the speed limit is speeding, that would be a good straight forward MV violation for a stop. You start charging people criminally with stuff that doesn't exist, then you will become liable.



Posted by: Crvtte65

They were discussing the title of this thread... 90/24b not 90/6.....





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