Legal Question in Criminal Law in Minnesota

Can an officer with a burnt out headlight still pull me over?

I was pulled over and given a .01 misdemeanor DWI last night. The squad car that pulled me over had a burnt out headlight. Since it is technically illegal to drive with a headlight burnt out, would this be a defense?


Asked on 6/30/07, 3:09 pm

2 Answers from Attorneys
Derek Patrin Meaney & Patrin, P.A.

Re: Can an officer with a burnt out headlight still pull me over?

First off, I will assume that you meant that your alcohol level was .10, because if it was only .01, the officer would have certainly let you go (unless you are under 21). With regard to the officer's headlight, the officer's basis for stopping your vehicle will not be affected by the officer's vehicle's conditions.

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Answered on 7/02/07, 7:17 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Can an officer with a burnt out headlight still pull me over?

Even though a police squad car stopping a motorist has a headlight out, if the police officer has a lawful basis for stopping the motorist, then the stop would be lawful. I would look elsewhere for a viable defense.

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Answered on 7/02/07, 11:24 am


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