Many states' laws allow police officers to stop drivers due to car
equipment violations such as broken lights or license plate placement.
Police sometimes make mistakes about the types of equipment violations
they can use to justify vehicle stops. Discuss your case with Attorney
Barney Gibbs if you believe that you were improperly pulled over.
When police pull over cars for equipment violations permitted by law, the
courts generally uphold those stops. For example, courts upheld the stop
in a Texas case when the defendant's car lacked a license plate light
and another Texas stop when the defendant kept his license plate on the
rear dash balanced against a tissue box. In a California case, the court
upheld a stop when a partially-obscured licensed plate violated the state's
vehicle code. If you question whether police properly stopped your car
based on a violation of
DUI laws, you may wish to consult with our firm.
Courts sometimes uphold traffic stops even when an officer makes mistakes
about the relevant laws, as long as the officer has an objective basis
to believe that the driver has an equipment violation. In California,
a police officer pulled over a car with tinted windows, believing that
the windows violated state law---the officer had incorrectly interpreted
the relevant state law. The court upheld the stop, however, because regardless
of the officer's mistake, the tinted windows did violate California law.
Other courts will not uphold an improper stop even when the officer has
made a good-faith mistake of law. In one Michigan case, the court refused
to uphold a traffic stop made when the officer based on the stop on an
incorrect belief regarding the number of license plates issued by the
state. If you have been pulled over for a car equipment violation and
have a pending case, find out from an Orange County criminal lawyer whether
you can challenge the stop as unlawful. For a free initial consultation,
contact The Law Office of Barney B. Gibbs today by filling out a
case evaluation form.