My brother was pulled over because his headlights were of different brightness. Is this legal? He ended up getting a DUI.

Asked over 1 year ago - Victorville, CA

I'm wondering because the cop pulled him over for this and he ended up getting a DUI because the cop could "smell" the alcohol. He is underage and was arrested for having a BAC of 0.08%.

Attorney answers (5)

  1. Douglas Holbrook

    Contributor Level 17

    4

    Lawyers agree

    Answered . Unfortunately, improperly adjusted headlights would provide a legitimate basis to stop your brother. Once he had him pulled over, if he smelled the odor of alcohol, that would provide the probably cause to proceed to the evidence needed to charge the DUI.

  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your brother needs an attorney . Because he is underage he risks losing his license for one year. Get an attorney right away .

  3. Michael Rutledge Norton

    Contributor Level 16

    4

    Lawyers agree

    Answered . Yes that is a valid reason for the officer to pull him over. be usre he requests a DMV hearing within 10 days from the arrest date. It is seperate from the court case.

    Mike Norton
    760-420-5537

  4. Edgar Julio Gutierrez

    Contributor Level 7

    4

    Lawyers agree

    Answered . Unfortunately, it is a valid stop. As nonsensical as it sounds, faulty equipment is a basis for a traffic stop. The biggest concern that your brother should have is that he is a under age (im assuming under 21) which will get him a mandatory license suspension for 1 year and a host of other penalties. California has a zero tolerance policy for minors and DUI. If your brother would like to discuss this further, I provide free initial consulations.

    Because every legal situation is different and depends on many factors, the responses provided at this site are... more
  5. John Paul Thygerson

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . Yes, the basis for the stop was legal. Your brother needs an experienced dwi attorney to represent him.

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