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Have a case where the reason for stop is defective headlight. The stop happens to be six minutes after the statutory definition of "nighttime" expires (just before sunrise). For suppression purposes, Judge wants to know if officer can stop for defective headlight during a time of day where headlights are not required. Can anybody shed any light on this? Pun intended.

David Holmes
ACA - Hill County
 
Posts: 9 | Location: Hillsboro, Texas, USA | Registered: June 15, 2009Reply With QuoteReport This Post
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I have never found any case law that shed any light on the subject, but have successfully argued in the trial court that even in broad daylight, when an officer sees a vehicle operated with one headlamp out, they know that the vehicle "is not equipped in a manner that complies with vehicle equipment standards . . .," an offense under Sec. 547.004. Maybe your case will go up on appeal and enlighten us all.
 
Posts: 260 | Location: Lampasas, Texas, USA | Registered: November 29, 2007Reply With QuoteReport This Post
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Thank you for the insight.

David Holmes
ACA - Hill County
 
Posts: 9 | Location: Hillsboro, Texas, USA | Registered: June 15, 2009Reply With QuoteReport This Post
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so, David, what was the outcome? I looked on lexis and didn't find anything and have a very similar fact pattern on a motion to suppress.
 
Posts: 176 | Location: Hempstead, TX, USA | Registered: June 02, 2005Reply With QuoteReport This Post
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