A Florida traffic law that governs the visibility of license plates might be a bit too extreme, according to Fourth District Court of Appeal Judge Melanie May, who, in a special concurrence, urged legislators to review it.

May wrote that the wording of Florida Statute 316.605(1) can result in some police officers making "absurd" traffic stops over license plate rims or frames that obscure the words "MyFlorida.com" or "Sunshine State."

The statute says "all letters, numerals, printing, writing, the registration decal and the alphanumeric designation shall be clear and distinct and free from defacement, mutilation, grease and other obscuring matter, so that they will be plainly visible and legible at all times 100 feet from the rear or front."

But May noted that "everyone knows" phrases such as "Sunshine State" are there, and they don't help police identify drivers. Even if they weren't covered by a frame, the judge noted they're probably not visible from 100 feet anyway.

The statute can therefore put courts in a pickle, according to the ruling.

Florida license plate on a Ford Mustang car. Photo: Shutterstock.com Florida license plate on a Ford Mustang car. Photo: Shutterstock.com

"We and other districts have adhered to the established legal principle that statutes should not be read to reach absurd results," May wrote. "And yet, we must apply a statute by its plain meaning."

May also noted there's no way of knowing how many stops have occurred based on the statute that haven't ended in arrest.

"I venture to say that more than 50% of the vehicles in this state have license plate frames on them," May wrote. "By suggesting that common words that everyone knows exist on the top and bottom of a license provide a basis for a traffic stop when the frame covers part of their lettering leads to an absurd result. I believe it is time for the legislature to once again review this statute so that it properly serves the purpose for which it was intended."

May pointed to State v. St. Jean, a 23-year-old case in which the Fifth DCA found it didn't matter that the county name on a driver's license plate wasn't "plainly visible." Though the statute has been tweaked since then, May said the issue remains.

The opinion stemmed from a criminal case against defendant Herschell Williams, who was pulled over in Sunrise in August 2018 because his tag was obscured by a black plastic frame which made the letters unreadable. He was then charged with possession of cannabis and having a firearm as a convicted felon, according to online case files, which say he pleaded nolo contendere and received five years of probation.

In this case, the Fourth DCA found Broward Circuit Judge Elizabeth Scherer was right to deny Williams' motion to suppress that evidence because the whole plate was illegible.

Deerfield Beach solo practitioner Rick J. Douglas represents the defendant, and Florida Attorney General Ashley Moody and Assistant Attorney General Rachael Kaiman in West Palm Beach represent the state. They did not immediately respond to a request for comment.

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