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

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


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


  4. 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


  5. 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.

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