In recent years, fake license plates—especially temporary paper tags—have become a growing focus for law enforcement in Texas. Whether it’s a fake temp tag, a modified plate, or a switched plate from another car, getting pulled over with an illegal plate can quickly turn into a criminal charge for Display of Fictitious License Plate.
While some people end up with fake or incorrect plates without realizing it—buying a car with bad paperwork, trusting a seller, or borrowing a vehicle—Texas law treats this seriously. And even if you think it’s “just a ticket,” in many cases this is a Class B misdemeanor criminal offense with the potential for jail time, a permanent record, and long-term consequences.
The good news? There are ways to fight the charge and, in many cases, get it dismissed—especially if you act quickly, correct the plate issue, and have the right lawyer.
What Is “Display of Fictitious License Plate” Under Texas Law?
The law governing this offense is found in the Texas Transportation Code § 504.945. It makes it illegal to:
- Display a license plate that:
- Was not issued by the Texas Department of Motor Vehicles (or another proper authority)
- Was issued for another vehicle
- Has been altered, forged, or counterfeited
- Has invalid, expired, or incorrect registration
This includes:
- Fake paper temporary tags bought online or printed
- Plates from another car used to avoid tolls, tickets, or registration fees
- Altered plates with numbers/letters changed
- Plates from another state that are not valid for the current vehicle
Why Police and Prosecutors Take This Seriously
Texas has had a surge in fraudulent temporary tags in recent years. Some are linked to:
- Stolen vehicles
- Evasion of tolls or tickets
- Organized crime
- Uninsured or unregistered vehicles
Even if your situation is completely innocent, police may assume the worst when they see a fake plate. Prosecutors (District Attorneys) also take this seriously because fake plates can make it harder to track criminal activity and can cause victims financial harm.
Potential Consequences and Ranges of Punishment
Class B Misdemeanor (Most Common)
- Up to 180 days in county jail
- Fine up to $2,000
- Criminal record (permanent unless sealed/expunged)
Class A Misdemeanor (Certain Aggravating Factors)
In some cases—such as when the fictitious plate is used in connection with another crime—prosecutors may push for Class A:
- Up to 1 year in county jail
- Fine up to $4,000
Other Consequences
- Permanent criminal record if convicted
- Vehicle impoundment in some cases
- Driver’s license issues (especially if related to insurance violations)
- Difficulty with employment or professional licenses
- Increased insurance premiums
How District Attorneys View These Cases — The “Real Plate” Factor
In Harris County and surrounding areas, prosecutors often consider whether you have replaced the fake plate with a valid, legal plate.
Why? Because their main concern is stopping the ongoing use of illegal plates.
If you can show that:
- Your car is now properly registered
- You have real, valid plates issued by the DMV
- You have valid insurance
…then you are in a much stronger position to negotiate for a dismissal, reduction, or diversion program.
This is one of the few charges where taking proactive corrective action before your court date can directly improve your outcome.
Common Defenses for Display of Fictitious License Plate
Every case is different, but some defense strategies include:
- Lack of Knowledge
- The law generally requires that you knowingly displayed the fake plate. If you genuinely didn’t know (for example, you bought the car with the plate already on it), that can be a defense.
- No Control Over the Plate
- If you were not the owner or person responsible for the vehicle’s registration, your lawyer can argue that you had no legal responsibility for the plate.
- Incorrect Identification
- Sometimes officers or witnesses misread a plate, leading to a mistaken charge.
- Valid Plate at Time of Stop
- If the plate was in fact valid and the officer made an error, documentation from the DMV can support dismissal.
- Illegal Stop or Search
- If the traffic stop was unlawful, any evidence obtained (including the fake plate) may be suppressed.
How to Get the Case Dismissed (Even If You Think You’re Guilty)
A skilled defense lawyer can often get fictitious plate charges dismissed through one or more of these strategies:
1. Fix the Problem Immediately
Replace the fake plate with a valid, legal plate from the DMV. Bring proof of proper registration and insurance to court. This can make prosecutors far more willing to dismiss the case.
2. Pretrial Diversion
Some counties offer diversion programs for non-violent misdemeanor offenses. You agree to conditions (community service, no new charges, maintaining valid registration) and the case is dismissed after successful completion.
3. Deferred Adjudication
You plead guilty, but the court withholds a finding of guilt. Complete probation successfully, and the case is dismissed. You may then be eligible for an order of nondisclosure to seal the record.
4. Motion to Dismiss for Lack of Evidence
If the State cannot prove you knowingly displayed a fake plate, your lawyer can move for dismissal.
5. Negotiated Reduction
In some cases, the charge can be reduced to a non-criminal offense like a fine-only traffic ticket.
Why Acting Quickly Matters
Time is critical in these cases because:
- The faster you get real plates, the better it looks to prosecutors.
- Early negotiations can secure better deals before prosecutors invest heavily in the case.
- Some diversion programs have limited enrollment windows.
How Attorney Eric Benavides Handles Fictitious Plate Cases
Eric Benavides, an experienced Houston criminal defense lawyer, has handled many cases involving display of fictitious license plates in Harris County and surrounding areas. Clients choose him because:
- He knows exactly what local prosecutors look for in these cases.
- He advises clients on immediate steps (getting real plates, insurance, registration) to strengthen their defense.
- He has a proven record of getting charges dismissed when clients correct the issue promptly.
- He understands how to use lack of knowledge and procedural defenses to fight the case.
- He offers bilingual representation for both English and Spanish-speaking clients.
Step-by-Step Defense Plan for Fictitious Plate Charges
- Consult a Lawyer Immediately
Avoid talking to prosecutors or police without counsel. - Secure Valid Registration and Plates
Go to the DMV, get legitimate plates, and keep all receipts. - Get Valid Insurance
Proof of current coverage can help negotiations. - Document Everything
Keep all paperwork, photos of plates, and correspondence. - Present a Mitigation Packet
Your lawyer can compile proof of employment, clean record, fixed registration, and community ties.
Frequently Asked Questions
Is Display of Fictitious License Plate a felony?
No, it’s generally a Class B misdemeanor, but certain circumstances can raise it to a Class A.
Can I go to jail for this?
Yes—up to 180 days (Class B) or 1 year (Class A). Many first-time offenders can avoid jail with the right defense.
Will fixing the plate get my case dismissed?
It often helps significantly, but dismissal isn’t automatic—your lawyer still needs to negotiate.
What if I didn’t know the plate was fake?
Lack of knowledge can be a defense, but you must prove it with credible evidence.
Will this stay on my record?
A conviction will. If dismissed or resolved through certain programs, you may be able to expunge or seal the record.
Final Thoughts
A Display of Fictitious License Plate charge in Texas may seem like “just a traffic case,” but it’s a criminal offense with real consequences.
The good news? Many of these cases can be reduced or dismissed, especially if you act fast to get valid plates and registration and work with an experienced defense attorney.
If you’ve been charged in Houston or surrounding counties, contact Attorney Eric Benavides immediately. His proactive approach—fixing the problem, gathering evidence, and negotiating strategically—can make the difference between a permanent record and a clean slate.