Ticketed for Non-Functional Rear Brake Light

[benz182]

This is kind of a hard question to put into words. This relates to my seatbelt post as this citation was also issued by the same officer who pulled me over for speeding. I have a fully functional rear brake light on my car that's located in the middle of the rear window. After my vehicle was rear-ended in an accident I had to replace the trunk lid and replaced it with one that came off a newer model year of my car. This trunk lid had a spoiler and in the middle of the spoiler was a brake light. I couldn't hook it up since the connections are different, plus I don't need the brake light since the original one on the car is just fine.

The officer wrote me a ticket for the light not working, but I don't believe it was a fix-it ticket. I don't remember the officer stating that nor did the court office. This happened a few years ago so I don't remember to much. I still own the same car and I've been pulled over twice since then and those officers never mentioned anything about the light. If anyone here is familiar with Michigan vehicle laws or may have any idea on what that ticket could have been if it wasn't a fix-it ticket? Any info would be greatly appreciated!

[aaron]

I'm not aware of how the officer could issue such a ticket without it being a fix-it ticket. Here's the statute for rear tail-lights - MCL 257.686. The penalty for violation is set forth in MCL 257.683. Pursuant to MCL 257.907(9), "If a person has received a civil infraction citation for defective safety equipment on a vehicle under section 683, the court shall waive a civil fine, costs, and assessments upon receipt of certification by a law enforcement agency that repair of the defective equipment was made before the appearance date on the citation." Similarly, pursuant to MCL 257.955, "If the owner or operator of a commercial motor vehicle is issued a citation for an equipment violation that does not result in the vehicle being placed out of service, the court shall dismiss the citation if the owner or operator of that commercial motor vehicle provides written proof to the court within 14 days after the citation is issued showing that the defective equipment indicated in the citation has been repaired."

[benz182]

Thanks for trying to answer my question. Guess the only one who could answer that question is the very officer who issued the ticket. I can easily assume his main motivation for writing it was to financially punish me even further. As I stated in a previous post, he also ticketed me for not wearing my seatbelt since I made the crucial mistake by unbuckling it prior to him walking up my window.

[blewis]

Thanks for trying to answer my question. Guess the only one who could answer that question is the very officer who issued the ticket. I can easily assume his main motivation for writing it was to financially punish me even further. As I stated in a previous post, he also ticketed me for not wearing my seatbelt since I made the crucial mistake by unbuckling it prior to him walking up my window.

I think you've missed Aaron's point. This IS a fix-it ticket. It can't be anything else. Take it to a dealership and they should be able to rewire it for you. Or, if you have access to the wires going to the light on the spoiler, you can do it yourself -- just wire it in parallel to the brake lights. Then take it to a police station and have them certify the repair. Take the certification into court with you. By statute that charge must be dismissed.

You should consider pleading "not guilty" to the other charges, as well. When you appear for your hearing, you can try to make a deal with the prosecutor. Explain about the seat belt and ask him/her to drop the seat belt charge in exchange for pleading guilty to the speeding (you can even try for a speed reduction at the same time to lower the fine and points).

Good luck,
Barry