Pulled over and harrassed for half a tail-light out?

[Chris6713]

Orinda CA, USA

I had this cop tail-gating me for about 5 miles, finally I make a right hand turn off an exit ramp from the freeway, and he pulls me over.

So he tells me he pulled me over because I have a tail light out. At this point I know this is just an excuse to check me for warrants, since I've had this experience before.

So he scans my drivers license and sure enough comes back asking me for some more info and if I want to "confess anything right now".

I tell him its his screw-up and he needs to double-check because there is a guy with the same / or similar name that has a criminal record.

After going round and around with him, he finally goes back to double-check ( at this point another officer had shown up ).

Then after a few minutes he comes back and says that there is another guy with almost the same name and there was a mixup ( big surprise ).

He doesn't give me any tickets, but he is really rude, wastes my time, and goes on about all the little crap he "could give me a ticket for", such as broken tail-light and windshield. So anyway, he doesn't apologize for being a dumbass. And he drives off.

But here is my question. I checked my tail-light and half of it is out, not all of it. I am wondering whether that is against the law. I even took a picture:

Thats with the brakes down. Yes and notice the car is a bit dirty. I am driving in a really upscale town ( orinda and layfayette ca ), so they seem to like pulling over crappy looking cars.

 

[Raykay]

Since the break light is still Visible, I don't see why it would be an issue at this time? He might have been, as you suspect, profiling you. Police Officers do have the right to pull you over to let you know you should get something fixed and in this case he didn't cite you but just warned you--which is fair. But treating you like a bad guy well, that's not fair.

He probably scanned your plate before hand and pulled you over since you said you share a name with a guy who has a criminal record and treated you as such (since you said he was being rude), then used the excuse that your tail light was "half out" just to question you and have a reason to have pulled you over.

Anyways, since you still had visible break lights on both sides, I don't think it was against the law (you can't help if your car was made with two break lights on both sides?). Unless one of those lights are used as a Turn signal. I'd just suggest getting it fixed anyway before you actually do get cited..

 

[CdwJava]

I had this cop tail-gating me for about 5 miles, finally I make a right hand turn off an exit ramp from the freeway, and he pulls me over.

So he tells me he pulled me over because I have a tail light out. At this point I know this is just an excuse to check me for warrants, since I've had this experience before.

What time of day or night was this?

I suspect that the half of the light that is out is either the brake light or the tail light. If either was not functioning, then he had good cause. If both were functioning and visible, then the cause for the stop was weak.

Thats with the brakes down. Yes and notice the car is a bit dirty. I am driving in a really upscale town ( orinda and layfayette ca ), so they seem to like pulling over crappy looking cars.

If the lights were on and the brakes were depressed, does the brake still work? How about the turn signals?

In any event, you can call and complain about the officer's attitude ... you can speak to an attorney and see if there is a payday here (clue: there ain't) ... or you can continue to be angry. If it were me, I'd fix the light (just in case ... and before it goes out all the way) and maybe give the car a bath.

Try not to stress over the little things.

- Carl

 

[Chris6713]

It was around 12:30 pm. So it was broad daylight.

I called the Orinda police dept to ask about the legality of the brake light and they said "all lights on the car must be working". So it looks like I don't have anything

But the thing I don't like is he tail-gated me 5 miles until he saw something he could pin on me. If I he hadn't found the brake light he would probably have followed me all day. Makes you a little nervous when a cop is stalking you.

 

[CdwJava]

The only code that comes close is ...

24252. (a) All lighting equipment of a required type installed on a
vehicle shall at all times be maintained in good working order.
Lamps shall be equipped with bulbs of the correct voltage rating
corresponding to the nominal voltage at the lamp socket.
(b) The voltage at any tail, stop, license plate, side marker or
clearance lamp socket on a vehicle shall not be less than 85 percent
of the design voltage of the bulb. Voltage tests shall be conducted
with the engine operating.
(c) Two or more lamp or reflector functions may be combined,
provided each function subject to requirements established by the
department meets such requirements.
(1) No turn signal lamp may be combined optically with a stoplamp
unless the stoplamp is extinguished when the turn signal is flashing.

(2) No clearance lamp may be combined optically with any taillamp
or identification lamp.
​

I think it is arguable whether that applies here, however, as it appears that the brake, tail, and signal lights all functioned properly even with one half out. But, if cited, that would be an issue of semantics for the court to take up.

- Carl

 

[Chris6713]

I appreciate the info, thanks Carl.

I would add the officer said he was satisfied that I was not the guy with the record "for now".

This kid was pretty young and gun-ho, what if he starts tailing me again? I am going to have both the lights and the windshield fixed today and get the car washed, but if this guy keeps harassing me, whats the best course of action?

 

[CdwJava]

This kid was pretty young and gun-ho, what if he starts tailing me again? I am going to have both the lights and the windshield fixed today and get the car washed, but if this guy keeps harassing me, whats the best course of action?

There is nothing you can do to prevent him from following you. So long as he pulls you over with cause, there is really nothing more you can do besides be polite and comply with any directions he offers. If you feel that he is somehow picking on you for some reason, you can certainly complain to his agency, but as long as he is making legal stops and performing within agency policy and the law, there will be little to come of that, either.

- Carl