It seems as though car equipment violations are often used as a ruse to pull over a driver when, in fact, the officer really just wants to test you for DUI. The problem with fighting such a case is in establishing that the stop was unjustified. The first thing you need to do in fighting a seemingly improper DUI arrest is to obtain good defense counsel such as Dan Matrafajlo. Your New Jersey DUI Lawyer will explore case law and determine the best way to fight your arrest.
One Texas case found that the officer was justified in arresting a person following a license plate equipment violation. In fact, in another Texas case the judge held that an officer had just cause to arrest the individual following a stop. This was because the license plate was in the rear window of the vehicle, resting against a box of tissue. A California case deemed the arresting officer justified when he pulled over a driver for a partially obscured license plate.
Window tinting violations are very commonplace, as well. It is likely that officers assume if your windows are tinted to the point that you are not visible from the outside, you are hiding something. Some states have rather rigid tinting laws to help prevent drunk driving, and courts tend to side with officers who make arrests following such stops.
Courts do not always side with officers in equipment violation stops that lead to arrest, however. One officer in Michigan stopped a vehicle in a mistaken belief regarding how many license plates were issued in the state. While the stop was made in good faith, the court ruled this did not justify the stop and subsequent DUI arrest.
If you have been arrested for DUI following an equipment violation stop, you face an uphill but not impossible fight. All the more reason you need a strong attorney on your side. Call New Jersey DUI lawyer Dan Matrafajlo today for a free consultation.
