driving a black and tan in Florida illegal?

beanie · #1 07-10-2010, 12:05 PM

heard it was, but after reading the statute I am not so sure. It states: "to color or cause to be colored". I can see if you were to re-paint it the same or something, but if the car is bought used and it is that combo of colors...you are not the one who colored or caused it to be colored.

Also, the statute doesn't state that mere possession of the vehicle with those colors is a violation, therefore, it doesn't fit the definition of the misd. exception (only like 13 misd crimes are arrestable unless it occurrs in the presence of the Ofcr).

Little help on this?

ImEvil1 · #2 07-10-2010, 12:46 PM

You are correct. There's case law in FL that supports it...I just wish someone would pull it and post it for all to see. Misd., not an exception.

There is a law in FL about possessing a vehicle with the TROOPER lettering, and that could definitely be an issue.

NoDrama43 · #3 07-10-2010, 12:58 PM

It is NOT illegal to DRIVE a black and tan car in Florida.

ImEvil1 · #4 07-10-2010, 01:04 PM

Quote:

Originally Posted by NoDrama43

It is NOT illegal to DRIVE a black and tan car in Florida.

(read #2 first?)

ABN2060 · #5 07-10-2010, 01:57 PM

It is not illegal to drive or own a black and tan. It is just illegal to have one painted that color scheme.

http://www.leg.state.fl.us/statutes/...n%2003#0321.03

321.03 Imitations prohibited; penalty.--It shall be unlawful for any person or persons in the state to color or cause to be colored any motor vehicle or motorcycle the same or similar color as the color or colors so prescribed for the Florida Highway Patrol. Any person violating any of the provisions of this section or s. 321.02 with respect to uniforms, emblems, motor vehicles and motorcycles shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. The Department of Highway Safety and Motor Vehicles shall employ such clerical help and mechanics as may be necessary for the economical and efficient operation of such department.

ImEvil1 · #6 07-10-2010, 03:13 PM

Mike,

It's not illegal to have one painted in the scheme. The problem is the wording "to color or cause to be colored". For it to apply, an officer would have to witness the car being painted. Sounds ridiculous, but there have been several rulings on cases in the state that back up that interpretation. It's very similiar to the "attaching tag not assigned" misdemeanor argument from a few years back. If you didn't see the person swapping plates, you could no longer charge it.

MOstang · #7 07-10-2010, 03:19 PM

Isn't bottom line you should plan to trailer your FHP SSP anywhere if painted black and cream since you're likely have plenty of hassles/issues. Most of us don't have bottomless legal fund to pay for a lawyer to defend/fight/resolve?

ImEvil1 · #8 07-10-2010, 03:26 PM

Quote:

Originally Posted by MOstang

Isn't bottom line you should plan to trailer your FHP SSP anywhere if painted black and cream since you're likely have plenty of hassles/issues. Most of us don't have bottomless legal fund to pay for a lawyer to defend/fight/resolve?

Amen.

beanie · #9 07-10-2010, 03:54 PM

i would go ahead and chance it but I heard the FHP Legal Advisor was asked in person and he replied that the essence of the law is to stop any1 from driving those colors despite the current wording of the statute....to me that means they would push the issue and it would definitely be a problem if seen on FL streets!

ABN2060 · #10 07-13-2010, 04:53 PM

Quote:

Originally Posted by ImEvil1

Mike,

It's not illegal to have one painted in the scheme. The problem is the wording "to color or cause to be colored". For it to apply, an officer would have to witness the car being painted. Sounds ridiculous, but there have been several rulings on cases in the state that back up that interpretation. It's very similiar to the "attaching tag not assigned" misdemeanor argument from a few years back. If you didn't see the person swapping plates, you could no longer charge it.

OK. I see now. The law is a little ambiguous but who needs the hastles.
Interesting about the "Attaching tag not assigned" thing. I've been out of law enforcement about 9 years but we used to hook people all the time for that one. I guess you can't anymore?