Illegally pulled over in San Diego Mira Mesa area.?

Question

Driving to work I was pulled over by an officer. He stated the reason I was pulled over was for my tail-light being out. I apologized for that as I know one of the lights does burn out faster than the other. He then asked for insurance which I did let lapse because I was waiting for my pay period to renew with a different company. Then he asked for my license...
After 30 minutes he came back saying heres a ticket for the light, no insurance, and old address on your license. Then he made a sarcastic remark about if you cant keep your car fixed dont drive.
Well, I had a mechanic check out my car (midas) and they say my rear brake lights are perfectly fine!!!
Do I have the right to request the ticket be dismissed and all the additional charged dropped. Since he pulled me over for the light which I have Midas willing to write a statement saying its fine.. then they shouldn't have the right to claim insurance, etc. Fruits from the poison tree I think its called?

Answer 1

If what you say is true, it is Fruits of the Poisonous Tree. The officer probably had a dash camera (MVE or MVS) and this will show if your taillight was functioning properly at the time of the traffic stop. Don't go to court expecting this video to be readily available. You have to take the proper steps to gain access to the video prior to court.

Answer 2

Do I have the right to request the ticket be dismissed and all the additional charged dropped.



Yes, you can ask the judge for dismissal of the charges but I am almost sure he will laugh at you. Next, The officer should have towed your vehicle for no insurance. Furthermore, the officer that stopped you is right......if you can't maintain a vehicle...you should not be driving one. Remember, driving is a privilege....not a right. Last of all, Midas said that your brake light works but obviously it was not working that night.....and it is your responsibility to change your address when you move........oh, and by the way, you were not illegally pulled over....the brake light malfunction is the officers probable cause to stop you.

Answer 3

Your light may have a short in it & was out when the officer saw it, but working fine when the mechanic looked at it.

You have the right to take it to court but it will be up to the judge to decide to dismiss it. Hey, it happens...

Everything else is a failure on your part. The officer might have been a little abrasive but he's correct...If you can't keep your insurance up or you license current, you need to start walking until you can show enough maturity to take care of your business before you start questioning an officer about his.

Answer 4

Unless you can have someone testify that the light was working properly WHEN THE OFFICER STOPPED YOU, you will have a hard time getting the charge dismissed. There are a variety of reasons that could have kept it from working properly at that time.



NOTE: The information from your mechanic may provide reasonable doubt as to your guilt on that charge, but that isn't the same thing as voiding out the whole stop.

Answer 5

Good luck but when you get to court the judge will believe what the officer says. He could be right the light may not work sometime. Many years ago I had an officer fabricate a reason to search me and found an illegal item. It cost me a lot of money but my lawyer got me off for another reason.

Answer 6

Listen to the Peace Officer , pay your ticket and drive more careful in the Golden State!

Answer 7

It sounds like you have a short in your taillight, which may cause it to work intermittently. But I don't think a judge is going to let the insurance thing go.