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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%.

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Attorney answers 5

Posted

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.

Posted

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

Posted

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

Posted

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

Asker

Posted

I researched what a DMV hearing consists of and it seems like he would not be able to win the hearing since he is underage and the arrest was lawful.

Michael Rutledge Norton

Michael Rutledge Norton

Posted

DMV hearings are tough to win. Often times they are won on a issue a non-lawyer might not notice. The timing of the stop, tests, and arrest can all be used to win at the hearing. There is also aruments that deal with rising BAC, improper calibraction, and unreliable readings. And the officer must fill out the paperwork correctly including dating and signing it. Like I said they are very tough to win but an attorney will give you the best chance of beating them. Most DUI attorney's will handle the DMV and court case.

Posted

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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