You’re heading to your car, keys in hand, when you realize that your registration sticker expired weeks ago. You panic and wonder, “Can police pull me over for expired tags?”
Yes, police can pull you over for expired tags in California. Driving with an expired registration is more than a simple administrative issue. It carries real consequences, including fines, towing, and legal complications if you’re in an accident.
This article covers the current law, the penalties you could face, what happens if you’re in a crash, and when you should contact an attorney.
What is AB 256 and How Does it Change the Rules?
AB 256, or Assembly Bill 256, came into effect in 2024. It prohibits officers from pulling over a driver solely for expired registration until the second full month after the expiration date. For example, if your tags expire in March 2027, officers cannot make a stop based only on expired registration until June 1, 2027. While AB 256 does provide a buffer period, it doesn’t eliminate fines. It doesn’t pardon expired registration, and it doesn’t prevent officers from citing the violation after the two months. When you’re stopped for another violation like speeding, and the officer notices your expired tags, they can give you a ticket for both violations.
What Penalties Can You Face for Driving With Expired Registration?
Under California Vehicle Code § 4000(a)(1), every vehicle driven on public roads must be properly registered. Driving with expired registration is an infraction, and the financial consequences get worse the longer you delay renewal. Penalties depend on how long your registration tags have been expired.
Under Two Months
If your registration has been expired for less than two months, you will owe the standard renewal fee plus a small late penalty. While you can’t be pulled over for expired tags in the first two months due to AB 256, DMV late fees start accruing immediately.
Two to Six Months Expired
Once you cross the two-month mark, penalty fees increase and officers are permitted to lawfully stop you and issue a citation for expired tags alone. Expect to pay the base registration fee, the escalating late penalties, and a potential traffic fine.
Over Six Months Expired
After six months, penalties become much higher. Law enforcement can become more aggressive. Even a legally parked car can be cited or towed at this point, not just vehicles in motion. For an exact breakdown of what you’ll owe, the California DMV Penalties schedule provides information about how penalties increase over time.
Is There a Grace Period for Expired Registration in California?
California does not have an official grace period for expired registration. However, under AB 256, officers cannot pull you over solely for expired tags until the second full month after the expiration date. Late fees begin accruing with the DMV immediately after expiration. AB 256 limits enforcement stops, but it is not a grace period; the vehicle is still technically unregistered from day one, fines apply, and DMV penalties accumulate.
Will My Parked Car Be Towed for Expired Tags?
In California, a parked car can be cited and towed for expired registration if the tags have been expired for more than six months, under California Vehicle Code Section 22651(o). Under Assembly Bill 925 (effective January 1, 2024), officers must first verify that no registration currently exists with the DMV, which protects drivers whose stickers were stolen.
If DMV records show that the vehicle is registered but the stickers aren’t affixed for whatever reason, the vehicle cannot be towed unless there is another violation. In California, towing and impound fees can go up by $200-$500+ per day, making it a serious financial consequence. A car left in impound for a week can cost upwards of $3000 to retrieve.
What Happens If You’re in a Car Accident With Expired Registration?
Expired registration does not automatically prevent you from filing a personal injury claim in California. If another driver injured you, your right to seek compensation is valid even though your tags are expired. However, insurance adjusters will use your expired registration against you in two ways:
- Comparative negligence argument. Adjusters may argue that driving with expired tags means you were partially at fault. This tactic is used to reduce your compensation under California’s pure comparative negligence rule.
- Policy coverage argument. Some insurance policies contain language that requires the vehicle to be “legally operable.” Insurers may argue that expired registration means that your vehicle doesn’t meet that condition.
Fortunately, California courts have consistently maintained that vehicle registration status does not directly cause accidents. Fault is determined by the driver’s actions, not their paperwork. Insurers cannot legitimately deny your claim purely due to expired tags. But they may use your registration status to try to convince you to accept a low settlement or intimidate you into not filing a claim at all. Here’s where having an experienced San Diego car accident lawyer protects your claim and keeps the focus on what actually caused the crash.
Can an Insurance Company Deny Your Claim for Expired Registration?
Insurance companies cannot lawfully deny your claim based only on expired registration. However, while outright denial is not legally supported, insurers often use expired tags to:
- Dispute the validity of your coverage under policy terms like “legally operable.”
- Argue comparative negligence to reduce the payout.
- Delay claim resolution while investigating registration status.
Under California’s comparative negligence rule, even if the insurer successfully argues that the claimant is 20% at fault due to their registration status, they can still recover 80% of their damages. In serious injury cases with major damages, every percentage point makes a difference. Working with an attorney who can counter expired tag arguments can make a notable difference in the final payout amount. Renewing your registration immediately after an accident demonstrates good faith and limits the insurer’s ability to exploit the issue.
What to Do When You Are Stopped for Expired Tags
Getting pulled over for any reason can be stressful. How you handle the stop is important, so we have outlined the most important steps you need to take if you are pulled over.
Stay Calm and Pull Over Safely
Signal, slow down, and pull over in a safe location as soon as possible. Keep your hands visible on the wheel and stay in your vehicle. A calm, cooperative demeanor can set the tone for the entire interaction. Remember, you are legally permitted to record police in public spaces, and two-party consent does not apply to officers while they are working. If you feel uncomfortable for any reason, you have the right to record what’s happening.
Provide License, Registration, and Insurance
When asked, hand over your driver’s license, vehicle registration, and proof of insurance. Even if your registration is expired, provide the paperwork anyway. Before reaching for the documents, clearly state, “I am reaching for my documents.” Move slowly and maintain a calm tone of voice.
Do Not Argue
The side of the road is not the place to contest a citation. Arguing rarely helps, and it can escalate the situation quickly. If you believe that the stop violated AB 256, or the citation is incorrect, take note of the details and end the interaction calmly. If you feel unsafe, it’s best just to accept the citation and challenge it later with the help of an attorney.
Understand What Violation You May Receive
Expired registration is an infraction under CVC § 4000(a)(1). Ask what you are being cited for and read the citation before signing. Keep in mind that signing is not an admission of guilt; it’s only a promise that you will address the ticket. The best way to handle being pulled over is to avoid arguing, accept the citation, leave the situation, and file any complaints later.
Renew Your Registration Immediately
As soon as possible after the stop, renew your registration through the DMV. Prompt renewal can make some citations eligible for correction, and it shows a willingness to cooperate with the law and correct violations.
How to Defend Against an Expired Registration Charge
Expired registration citations are often contestable, especially due to the protections of AB 256. There is also AB 925 that regulates when a vehicle may be towed. If you’ve been cited for expired tags, several defenses may apply to your situation.
The Stop Violated AB 256
If an officer pulled you over solely for expired tags before the second full month after your expiration date, the stop violated AB 256. A stop that shouldn’t have happened can be the basis for challenging the citation.
Registration Was Current, But Sticker Was Not Displayed
If your registration is up to date with the DMV, but the sticker wasn’t displayed due to theft, loss, or not being affixed yet, DMV records can prove your registration. Under AB 925, the official DMV record dictates your status, not the sticker.
Fix-It Ticket Resolution
Many expired registration citations are correctable violations. By renewing your registration and providing proof of correction, you may be able to have the ticket dismissed or reduced to a minimal fee.
Incorrect Vehicle Identification
Mistakes happen, so if the citation lists the wrong license plate number, vehicle, or registration status, the error can warrant a citation dismissal. Always verify the details on your ticket against your records.
When Should You Contact a California Car Accident Lawyer?
Working with an attorney can make navigating legal issues much easier and faster. You can benefit from contacting an attorney if:
- You were involved in a car accident while your registration was expired and the other driver’s insurer is using it to reduce or deny your claim.
- An insurer is arguing that you were comparatively at fault based on your registration status.
- You were injured, and you aren’t sure whether your coverage applies.
Expired registration does not forfeit your right to compensation. An experienced attorney can push back against insurer tactics and ensure that fault is assessed on driving behavior, not paperwork. Keep California’s statute of limitations in mind. You have two years from the date of injury to file a personal injury lawsuit. Waiting too long can cost you your ability to file a claim entirely, so reach out to a San Diego personal injury lawyer as soon as possible.
How HHJ Trial Attorneys Can Help
Insurers use irrelevant technicalities like expired registration to pressure victims into accepting far less than their claim is worth. At HHJ Trial Attorneys, we have experience with these tactics, and we know how to counter them. We challenge comparative negligence arguments. We also document that the registration status did not contribute to the accident. From there, we handle all insurer communications and calculate the full value of your damages.
We offer free consultations to evaluate your case without financial obligations. We also work on a contingency fee basis, so you don’t pay us unless we win your case. With recognition including Super Lawyers honors, placement among the Top 50 California Jury Verdicts, and tens of millions of dollars recovered for clients, our track record speaks for itself. Call us at (619-465-8733) or use our contact form to schedule a free case review.
