Criminal Defense
Since 1993
Since 1993
The Ego Trip and the “Unstoppable” Charge That Isn’t
By: John Guidry
Big charges make the news. Defense attorneys love big cases because their egos enjoy coverage on the evening news. Heck, lawyer egos even enjoy the bought-and-paid-for attention manufactured from incessant TV ads and billboards. If you know nothing about attorneys, please know this: we have quite the egos.
When I started defending Central Florida in 1993, new lawyers at the PD’s office would brag about jury trials with the kind of chest-pounding you haven’t seen since the intro to 2001: A Space Odyssey. But while some lawyers are busy writing “books” that are really just fancy business cards, I prefer to focus on the things that actually matter—like a tiny crime that keeps landing people in big trouble, despite being technically impossible to prove.
I’m talking about Attaching a Tag Not Assigned. It’s a second-degree misdemeanor, but in 2025, it’s being used as a “gateway” charge to search cars and find felony drugs.
Stopped because your license plate didn’t match your car? If the officer didn’t see you physically put that tag on, the arrest—and any evidence they found after—might be illegal. Call John Guidry today at (407) 423-1117.
The Legal Breakdown: The “In Presence” Rule
In the case of Weaver v. State, 234 So. 3d 810 (Fla. 2d DCA 2017), Ms. Weaver was pulled over because her plate didn’t match her car. She admitted a friend put it on so she could drive. The cops arrested her and found felony drugs.
The defense moved to suppress the drugs, and here’s why:
- Misdemeanor Rules: Under Florida Statute § 901.15(1), for an officer to arrest you for a misdemeanor without a warrant, they must see you commit the crime in their presence.
- The “Attach” Element: The crime isn’t “driving with the wrong tag.” The crime is knowingly attaching the tag.
- The Failure of Proof: Since the officer didn’t see Ms. Weaver physically screw the plate onto the car, he had no legal right to arrest her for that misdemeanor.
This follows the long-standing rule from Phillips v. State, 531 So. 2d 1044 (Fla. 4th DCA 1988). If there is no personal observation of the attachment, there is no probable cause for an arrest.
2025 Update: The High Stakes of “Obscuring Devices”
As we move through 2025, the legislature has tried to fight back against “tag shenanigans.” A new 2025 bill (Senate Bill 44) has officially hit the books, and it’s a “sad but true” reality for drivers:
- License Plate Obscuring Devices: It is now a second-degree misdemeanor to simply possess a device designed to flip or hide your license plate.
- The Felony Jump: If you are caught using a plate-flipping device or knowingly violating F.S. § 320.261 during the commission of another crime, the State can now bump that charge up to a third-degree felony.
- Continued Enforcement: In the recent 2025 case of Holifield v. State (Fla. 5th DCA 2025), we see that police are still using “tag not assigned” as a primary reason to pull over and tow vehicles in counties like Flagler and Orange.
John’s Takeaways
- Observation is Mandatory: If the cop didn’t watch you put the plate on the car, the arrest for “Attaching a Tag Not Assigned” is a total failure of proof.
- The “Knowledge” Defense: The statute requires that you knowingly attached the wrong tag. If you bought the car from a shady dealer or a friend who gave you a “spare” plate, and you didn’t know it was illegal, they can’t convict you.
- Corpus Delicti Rule: Even if you “blab” and tell the cop, “Yeah, I put that plate on there,” that confession cannot be used in court unless the State has other independent evidence that you were the one who did it.
- Suppress the Search: If the arrest for the tag was illegal, then the search of your car (and any drugs or guns they found) is “fruit of the poisonous tree” and should be suppressed.
- Regional Reality: In Orange, Seminole, and Osceola County, I see these charges every week. They are almost always used as an excuse to search a car.
The justice system is harsh, and it is “insane” to think that a $500 misdemeanor can lead to a 5-year felony prison sentence just because the cops used it as a reason to search your trunk. I’ve been defending Central Florida since 1993, and I know how to spot an illegal arrest from a mile away.
Facing charges because of an improper tag? Call John at (407) 423-1117.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.