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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32373
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I was pulled over brake light being out upon that the cop

Customer Question

I was pulled over for a brake light being out upon that the cop said he smelt marijuana. After I said it was I went to jail.After 2yrs have passed now my laser saying take a plea.Trying to get the best answer
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 9 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Is there a specific question with which I could assist?

Customer: replied 9 months ago.
I want to know about was it legal or not for the cop to stop me for a brake light that he said wasn't working but was and he ain't got no proof showing 1 not working and I got a CD showing all lit up
Expert:  Dwayne B. replied 9 months ago.

If the judge or the jury decides that your brake lights were working and the officer lied about the reason for pulling you over then any search that followed the stop and possibly even the arrest itself can be quashed.

However, what the DA is going to respond is that the lights could have had a short and worked sometime and not others. I know this because I have had similar cases and that is the defense the DA uses.

I'm not sure what the "time stamped CD" you are talking about was, but to absolutely prove it was bogus you would need the video from the police car showing the tail light from the time he first aw you to when he pulled you over.

Customer: replied 9 months ago.
My time stamped CD is showing all my brake lights working when I could get it from towing
Expert:  Dwayne B. replied 9 months ago.

While it is certainly some evidence, it doesn't show the brake lights working that night. What your lawyer should do is request a copy of the video from that car for that night. If it shows them working then he should file a Motion to Quash. If it shows an issue then at least you know about it.

Customer: replied 9 months ago.
Thanks I've decided not to take the plea which my lawer acts like me showing all 3 doesn't matter but they can't show only 2 working because I guess their camera wasn't on .How does that work n their favor.They didn't know if I had a gun
Expert:  Dwayne B. replied 9 months ago.

It doesn't work in their favor and doesn't really work against them either. If the video doesn't show anything then it is just your word against theirs although you can also use the CD against them and you may want to have a mechanic look at the wiring to make sure it works fine and then they can testify as well, although it won't be as effective since it is so old. You could use the fact that the car passed inspection in the intervening years as evidence as well.