Pulled Over For A Headlight Violation On A Bright Sunday Morning

[alllightsworking]

While driving in New Hampshire on a sunny Sunday morning, I was pulled over in what I thought was a speed trap even tho i had the cruze set on the limit! I rolled down my window as the officer aproached the driverside but then he walked around to the passinger side and tapped on the window. I rolled up my drivers side window and put my passinger side down about 3 inches. He asked for my Lic. & Reg. and said I had a passenger side headlight out! He then found out I had a suspention and arrested me saying "You lucky you didn't make me break your window! Then He asked me if I had Anything in the car he should know about because he was going to search the car. I told him I had some pot and he added that to the list of violations. When I picked up the car at the impound I was suprised that the tow driver had just taken the car off the truck (it was on the truck locked in the impound yard) and the car was running with all the lights on and working! I then took pictures and videos of the car still in the impound yard with the lights working before we actually took possession of the car. I also had 3 witneses (including the tow Driver) state at the tow yard that the lights were working before I removed it from the lot and i did not tamper with it or fix it in the impound. I was not allowed to look at the headlights to dispute it with the officer and was never read my rights. Also I was never given a ticket or warning for the light violation
Is this a PROVEABLE ILLEGAL TRAFFIC STOP???

[blewis]

Well, Section 266:31 of the New Hampshire Statutes states:

266:31 Front Lights. – Every motor vehicle driven during the period from 1/2 hour after sunset to 1/2 hour before sunrise, and whenever rain, snow, or fog shall interfere with the proper view of the road so that persons and vehicles on the way are not clearly discernible at a distance of 1000 feet ahead, shall display at least 2 lighted lamps on the front;

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.

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.

Barry

[cdwjava]

What section were you cited for?

I'd venture to guess that NH - like CA and other states - has a section mandating that all required lighting devices be in good working order at all time. We also have a section covering not having two lights on during darkness, but we also have one that says they must be in working order at all times. I suspect you might have been cited for NH's version of that requirement.

- Carl

[blewis]

Unfortuately, OP stated that he was NOT cited for that infraction. But, in searching through NH statutes, I could only find that one statute. I did find one that talks about "safety equipment" (seatbelts, shoulder harness, etc.) needing to be in good working order. Also, things like brakes, steering, and so on. But nothing requiring headlights except after dark. In fact, I couldn't find a general requirement for headlights at all. Assuming the car would never be driven after dark, it doesn't appear you need them. Same with taillights. Turn signals and rear reflectors are required on all vehicles, but lights only appear to be required at night.

However, just because I can't find it, doesn't mean you're not correct, Carl. If there is such a statute, the testimony concerning the fact that the headlights were, indeed, working becomes a lot more important.

Barry

[FlyinHawk®]

This had happened to me, minus the whole arrested and everything else. Except mine was, it was daytime also, one headlight was duller than the other. I got a 10 day warning to fix the lamp.

So yes, it was a legal stop. If you're going to own a car, and have your headlights on during the day or at night you better make sure they're in working order. Especially if your hiding anything.

[cdwjava]

Th eterm used in our vehicle code doesn't mention headlights, it mentions "required electrical devices" (or some such language) so these things can sometimes be hidden deep within something else - it's a matter of finding the correct term. That's why I hate looking in other state's vehicle codes - you just don't know.

Heck, I even occasionally find things in CA's codes that I had previously not known!

- Carl

[cdwjava]

No matter how it goes, the OP is now going to be known to be a suspended driver ... next time they can just stop him because they see him unless he gets his license fixed.

- Carl

[4eyedbuzzard]

NH 266:31 also states

...The driver of every motor vehicle shall permit any properly authorized person to inspect the headlighting equipment of such motor vehicle and to make such tests as he may deem necessary to determine whether the provisions of this section are being complied with.

Any bets as to whether or not NH State Police are "authorized persons"?

[alllightsworking]

What I'm questioning is being pulled over with working headlights! When I picked up the car, all the lights were working! It's a new car - no dents or rust and everything works! Can the police pull over anyone driving in their town and just say its the lights????
All the other facts were just the actual facts of the time of day etc., just for added thought.
I took videos in the tow yard and am having the electrical/light system checked at a qualified new car dealer. You bet im gonna try to fight it!

[cdwjava]

What I'm questioning is being pulled over with working headlights! When I picked up the car, all the lights were working! It's a new car - no dents or rust and everything works! Can the police pull over anyone driving in their town and just say its the lights????

If he believes the lights are not working, and you are required to have two working lights even in daylight - then, yes he can.

However, your evidence of the lights working can certainly be used to establish reasonable doubt.

So, have you gotten your license cleared yet? That might help you.

- Carl