Avoid a DUI—Fix Your Lights
Orange County DUI
Attorney Tips
(949) 559-5500
Any DUI lawyer in Orange
County will tell you that when the
cops are on patrol and looking to arrest drunk drivers they must have probable
cause to believe that you have broken the law before they can stop you. They
cannot just pull you over on a hunch—they must first observe a law violation.
Once they see a vehicle code violation, they can lawfully pull you over.
A very commonly used reason for law enforcement to stop you
to check to see if you are driving under the influence of alcohol (DUI) is that
one of the lights on the car they stopped wasn’t working properly. California
Vehicle Code Section 24252(a) states: “All lighting equipment of a required type
installed on a vehicle shall at all times be maintained in good working
order…”.
This means that if any of the lights on your car, including
brake lights, license plate lamps, turn signals, tail lights, parking lights
and headlights aren’t “in good working order”, then the police have legal
justification to pull you over and possibly conduct a DUI investigation. If you
have been drinking alcohol and you get pulled over, you can count on being the
subject of a DUI investigation and possibly being arrested for DUI. If you are,
don’t answer any questions without calling the Law Offices of EJ Stopyro first.
So what does it mean, exactly, to keep your lights in “good
working order”? Well, there are at least two cases that deal with this law. One
9th Circuit case held that a two-inch crack in your taillight cover
constitutes a violation and constitutes probable cause to stop you. A 4th
District, California Court of Appeal case held that if you voluntarily add a
supplemental stop light (a third stop lamp mounted in the rear of your car
which is not required), then you must also maintain that lamp in good working
order. If you don’t, then the cops can stop you.
So it’s important to keep ALL your lights in good working
order. If you don’t give the police a reason to stop you then you wont have to
call an Orange County DUI lawyer to defend you against DUI charges. If you have
been arrested for a DUI then call the Law Offices of EJ Stopyro today for a
free telephonic consultation.
Law Offices of EJ Stopyro
Orange County DUILawyer
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