Re: Pulled Over For A Headlight Violation On A Bright Sunday Morning
Well, Section 266:31 of the New Hampshire Statutes states:
IMHO, since you state that it was a "sunny Sunday morning", your headlight being out would be of no consequence -- there was no inforceable traffic infraction. There is NO requirement for lights when the sun is shining. It actually makes no difference whether the headlamps were working later -- although it helps cast more doubt on the validity of the initial stop.
Quoting Section 266:31
If you can show that the initial stop may have been unlawful (the time on the ticket versus the time of sunrise as shown in the local paper, for example), Wong Sun v. United States , 371 U.S. 471, 83 S. Ct. 407, 9 L. Ed. 2d 441 (1963) applies. In Wong Sun, the Supreme Court held that "If the initial stop was unlawful, the subsequent search and evidence discovered during that search are inadmissible as fruits of the poisonous tree."
I would suggest hiring an attorney, because making a proper suppression motion can be tricky.
But, from what you describe, I'd say you've got a good chance of winning this one.
Where am I going? And why am I in this handbasket?