Criminal Law Questions? Ask a Criminal Lawyer.
HelloCustomerand welcome to Just Answer.
You have posed on interesting question, as violations of VC section 4465.2 are rather rare.
That section says:
"Every person who commits a violation of subdivision (b) of Section 4462, with intent to avoid compliance with vehicle registration requirements of Article 1 (commencing with Section 4000) of Chapter 1 or Article 1 (commencing with Section 5600) of Chapter 2, is guilty of a misdemeanor."
The section to which it refers, section 4462, subd. (b), says:
"(b) No person shall display upon a vehicle, nor present to any peace officer, any registration card, identification card, temporary receipt, license plate, device issued pursuant to Section 4853, or permit not issued for that vehicle or not otherwise lawfully used thereon under this code."
Based on your question then, I take it that the citation was because of this "sticker" that you devised and placed on the car. If it a fake sticker of some kind designed to look like a real DMV sticker granting an extension of time to obtain a smog certificate, then placing it on the car was a violation of section 4465.2, a misdemeanor.
Whether or not your son violated that law by driving the car may depend on some factors you didn't mention -- such as, was he aware that you had placed the sticker on the car? And, if so, was he aware that you had made it up, rather than getting the real deal from the DMV?
If he had knowledge of the false sticker, then he may well get convicted if he fights the charge. And, since it is a misdemeanor, it may well be in his best interest to have an attorney represent him. It may be possible for an experienced attorney to negotiate a settlement with the DA's office, based on the fact that he didn't actually prepare the sticker or put it on the car himself.
There is a possibility that this may come back to you, as well, so an initial consultation by both of you with an experienced attorney would be a good idea. If you don't know one, the local county bar association has a lawyer referral service which can put you in touch with a local attorney who practices criminal law. Most such referrals cost only a modest fee ($50-100) and you can decided after that discussion whether or not to hire that attorney.
If you let me know what county you are in, I can give you information on how to contact the lawyer referral service in that county.
Thanks again for asking your question here on JustAnswer. If you have any other questions about this situation, please let me know.
I am in Placer County, and would value any referrals you can recommend.
My son did not know at the time there was any irregularity in the stickers on the car.
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