Justia Lawyer Rating
badge - California DUI Lawyers Association
badge - California Public Defenders Association
badge - Sacramento County Bar Association
badge - The State Bar of California
badge - United States Court of Appeals, Ninth Circuit

Vehicle Equipment Violations

California’s DUI Laws Your Sacramento DUI attorney can explain to you the various justifications a police officer may give for pulling you over, and whether they will stand up in court. In some cases, it is lawful for a driver to be stopped because of an equipment violation.

In Texas, a defendant was lawfully stopped because the vehicle he was driving was missing a license plate light. Likewise, in a different Texas case, because the vehicle’s license plate was displayed from inside the car on the rear dash, the stop was held to be valid.

California has a vehicle code regulation requiring license plates to be plainly visible. Therefore, in one case where the vehicle’s license plate was partially hidden, the court upheld the detention. Another case involved a car that was stopped because its windows were tinted. Although the tinted windows were illegal, the officer did not correctly understand the law concerning tinted windows. Nevertheless, because the Ninth Circuit believed the officer had an objective basis on which to form his opinion that a vehicle violation had occurred, the stop was found to be valid.

However, your Sacramento DUI attorney knows that in other cases, vehicle stops can be found invalid when the arresting officer makes a mistake in good faith. For example, in Michigan an officer made a stop based on a good faith mistake as to how many license plates were issued by the state. The Sixth Circuit found the stop to be unlawful. The court justified its finding by noting that it differed from the tinted window case in that the tinted windows were, in fact, illegal; the officer simply did not understand every aspect of the law concerning window tinting.

If you have been charged with a DUI and would like to talk with a competent and knowledgeable Sacramento DUI attorney, call attorney Param Pabla at (916) 285-7900 today.

Client Reviews
“Mr. Pabla represented me with my DUI case. He has excellent communication skills and always kept me informed. Mr. Pabla made sure I understood the process and my rights. He eased my mind through a very stressful situation. I highly recommend Mr. Pabla.” Gurpreet
“I am so happy with the service that I received from Param S. Pabla. Jarrett did a great job solving my legal issue and I can’t recommend him enough! He was able to do everything quickly, painlessly, and was ALWAYS available to talk when I needed him. If I ever need help again, I will definitely use him!" Boris
“Param was excellent in my court case of failure to stop at a stop sign. The officer could not see clearly because he was too far away. The officer insisted he could and said he had video but could not produce it at the trial. The officer then asked if he could suspend the trial to go get the video but the judge said he should have had plenty of time to get the video ready beforehand. Needless to say, the judge ruled in my favor and dismissed the case which enraged the officer. Pabla Param’s defense and cross examination skills were excellent and paramount in having the case dismissed. Highly recommended.” T.C.
“My husband and I needed to update everything -family trust, will, medical stuff. Param was really patient -answering all my questions -even when I asked them twice. He wanted to be sure I understood everything we were doing. All docs were sent to us so we could go through them on our own time before anything was finalized. I also liked when we were looking at medical stuff that he had a conversation with me about what I wanted and pointed out some things I didn’t think of.” Debbie