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I was recently pulled over for speeding, it was at night and

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i was driving 75 on...
I was recently pulled over for speeding, it was at night and i was driving 75 on a 65. A car raced up behind me rather close, there was noone else on the road so i switched lanes and the car followed, i repeated and the car followed still. This vehicles one headlight was burnt out and so he only had one headlight working. I sped up to 85 to get the vehicle a safe distance away from me and as i pulled off my exit 5 miles later it turned out to be a cop and he pulled me over.I thought that i may have heard something about if a officers car isnt working properly they cant pull you over for something like that so i recorded the officers voice on my phone after he gave me a ticket and he admitted that the headlight was off and it goes on and off. I am curious if there is any law on the police officer pulling me over with improper headlight and if i have a good chance to fight off this ticket. Thankyou
Submitted: 7 years ago.Category: Criminal Law
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1/2/2011
Criminal Lawyer: AlexiaEsq., Managing Attorney replied 7 years ago
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 13,580
Experience: 19+ Years of Legal Practice in Criminal Law.
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Hi,

With regard to your post:

I was recently pulled over for speeding, it was at night and i was driving 75 on a 65. A car raced up behind me rather close, there was noone else on the road so i switched lanes and the car followed, i repeated and the car followed still. This vehicles one headlight was burnt out and so he only had one headlight working. I sped up to 85 to get the vehicle a safe distance away from me and as i pulled off my exit 5 miles later it turned out to be a cop and he pulled me over.I thought that i may have heard something about if a officers car isnt working properly they cant pull you over for something like that so i recorded the officers voice on my phone after he gave me a ticket and he admitted that the headlight was off and it goes on and off. I am curious if there is any law on the police officer pulling me over with improper headlight and if i have a good chance to fight off this ticket. Thankyou


I am finding nothing to indicate you can escape a ticket if the police car is not perfectly in order, unfortunately. As for a defense to speeding, my only thought is that perhaps negotiating attempt may be made by asserting that a one lighted car tailgaiting you AND switching lanes while still tailgaiting you, caused you fear, because you were led to believe it was NOT an officer, due to the fact that the vehicle was not lighted in accordance with the motor vehicle laws and the officer failed to put on his police lights to let you know. Emphasizing your fear of some car with road rage, may serve to convince a prosecutor to dismiss or knock it down to something less painful. However, I do not see that he is obligated to do so.

Good luck.

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