QUESTION
Can a police officer pull me over for a broken tail light?
Asked on May 22nd, 2013 on DUI/DWI - Washington
More details to this question:
Last night I got pulled over because the officer said I had a broken tail light. He asked for license and registration and if I had been drinking. I said no (I had had two drinks but was not drunk). He asked me to follow his finger and I was fine. I explained I just had my tail lights replaced recently. I could not find my registration and in the midst of my trying to find it he told me I was fine to go. As soon as we got home my passenger checked and told me my light was not in fact broken.
7 ANSWERS
A broken tail-light may or may not be a reason for the officer to pull you over, there is a split in authority for this. More importantly- the officer lied. He said that he pulled you over for a broken tail-light and it was not broken. I would file a grievance with the police agency that pulled you over. It is common for police officer's to use bogus reasons to pull people over at night to see if you had been drinking. It's a violation of your 4th amendment rights and if the officer did this to you- he/she did it to others. You may consider a Federal Claim against the officer as well. Even know the detention was short- he lied and if officers are lying about how and why the conduct a stop, that must be brought to light. It would be interesting to know what agency and the officer pulled you over. Disclaimer: The response to this email does not constitute or create an attorney-client relationship.
Answered on May 27th, 2013 at 10:08 PM
Michael J. Breczinski
First we would have to check the motor vehicle code to see. The answer is probably not if the light works fine and shows as red.
Answered on May 27th, 2013 at 8:51 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes.
Answered on May 24th, 2013 at 12:16 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Yes.
Answered on May 24th, 2013 at 12:16 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Yes, you can be pulled over for any vehicle code violation. If you are in a jurisdiction where law enforcement vehicles are equipped with video, you may be able to bolster the testimony of your passenger. You should consult a DUI attorney about defending this stop and the ensuing arrest.
Answered on May 24th, 2013 at 12:16 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Yes but only if it is "white to light" or if it fails to emit a light visible from 500 feet. The vehicle code is very specific in this area.
Answered on May 24th, 2013 at 12:16 PM
Criminal Defense Attorney serving Chapel Hill, NC
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The Law Office of Lynn Norton-Ramirez, PLLC
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He can pull you over for a broken tail light. Because there was no arrest, the question of whether the light was out when the police pulled you over is not relevant.
Answered on May 24th, 2013 at 12:16 PM