No person shall operate, nor shall an owner knowingly permit to be operated, upon any highway any vehicle required to be registered under this chapter unless there shall be attached thereto and displayed thereon, when and as required by this chapter, a valid license plate issued therefor by the office for the current registration year, except as otherwise expressly permitted in this chapter.
Operation of a vehicle without a valid license plate in violation of this section is not a lesser included offense of willfully attempting to evade or defeat the payment of tax, in violation of § 26-18-201(a), and failure to pay tax, in violation of § 26-18-202; it is possible to commit the greater offenses without committing the offense of operating a vehicle without a license plate, and the lesser charge requires proof of an additional element not required under the greater offenses. Owens v. State, 354 Ark. 644, 128 S.W.3d 445 (2003).
Cited:
Jones v. State, 314 Ark. 383, 862 S.W.2d 273 (1993); Stufflebeam v. Harris, 521 F.3d 884 (8th Cir. 2008).
Notes of Decisions
Cited in 5
cases, 1993–2008 · leading case: Owens v. State, 128 S.W.3d 445 (Ark. 2003).
Owens v. State, 128 S.W.3d 445 (Ark. 2003). · cites it 4דLesser-included Offense For his sixth point for reversal, Appellant argues that the trial court erred in refusing to instruct the jury on the misdemeanor offense of operating a vehicle without a license plate, as provided in Ark.”
Jones v. City of Little Rock, 862 S.W.2d 273 (Ark. 1993). · cites it 2ד§ 27-16-602 (1987); operating a vehicle without a license plate, Ark. Code Ann. § 27-14-304 (1987); failure to obtain a vehicle inspection sticker, Ark.”
Wimbley v. State, 3 S.W.3d 709 (Ark. Ct. App. 1999). · cites it 2דHere, the officers had reasonable cause to believe that the driver of the truck was violating Ark. Code Ann. § 27-14-304 (Repl. 1994), by operating a vehicle without a license plate, which is an unclassified misdemeanor.”
Richard Stufflebeam v. Jeff W. Harris (8th Cir. 2008). “See Ark. Code Ann. §§ 27-14-304 , -1005. But after producing the documents requested by Harris, Stufflebeam’s grandson was not cited for a violation, no doubt because the purchaser of a vehicle may operate it without a license plate for 30 days so long as the title or notarized…”
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