QUESTION
Can a traffic officer pull you over while his headlights are off?
Asked on Aug 14th, 2012 on DUI/DWI - California
More details to this question:
I was told officers have to be in plain sight before they pull you over. Does having headlights off on the side of a freeway count as not being in plain sight? Can I fight a ticket using this?
7 ANSWERS
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Unfortunately, it's a myth that they have to be in plain sight. There may be other ways to fight your ticket, but this one isn't likely to go anywhere.
Answered on Aug 23rd, 2012 at 12:43 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Does having headlights off on the side of a freeway count as not being in plain sight? No. Can I fight a ticket using this? Probably not.
Answered on Aug 20th, 2012 at 12:00 AM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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There is no requirement that officers be in plain sight. An officer can pull someone over even after hiding their presence. Remember, there are undercover police officers and unmarked police vehicles.
Answered on Aug 19th, 2012 at 10:03 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Police often hide by the side of the freeway to trap speeders. I don't know of any judge who would dismiss the charges for this but yo can always try.
Answered on Aug 19th, 2012 at 9:58 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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Officer can't hide but if officer or his car can be seen then I think you will be wasting your time.
Answered on Aug 19th, 2012 at 9:08 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Can he do whatever he wants? yes, can you fight it? Sure, give it a try if you have defenses to the ticket. His headlights off are not a defense, or relevant to the ticket unless it is for ?refusing to stop for police?. You have nothing to lose but time and income.
Answered on Aug 19th, 2012 at 6:39 AM
A police officer can pull you over whenever he has probable cause. In practical application, this means whenever he wants. The legality of the stop becomes relevant, only if you are charged. If the stop and/or what the police did afterward was not legal, any evidence obtained as a result, either directly or indirectly must be suppressed.
Answered on Aug 19th, 2012 at 6:22 AM