Thibodaux, LA asked in Criminal Law, Traffic Tickets and Civil Rights for Louisiana

Q: Is it An appropriate citation to receive when a vehicles fog or running light doesn’t work but the headlamp does?

I was pulled over for inoperable headlamp in Louisiana. At the time my headlamps were working and only the lower left running (fog) light was not working Upon inspection the officer stated he smelled weed in the vehicle and requested to search the vehicle which I hesitantly agreed to. The officer found a negligible amount of schedule II Narcotic and an unopened schedule III narcotic In the vehicle and I was arrested and charged with the headlamp outage and two felony counts of possession. I believe I was targeted by local law enforcement in an attempt to find additional illegal activities based on suspicions of either use of or my passengers. Is the headlamp citation appropriate in this situation? If not, could this be considered harassment or targeting? And if the citation is found to be unwarranted, what does that mean for the other charges brought against me?

1 Lawyer Answer
Ellen Cronin Badeaux
Ellen Cronin Badeaux
Answered
  • Criminal Law Lawyer
  • Covington, LA
  • Licensed in Louisiana

A: Headlamps can be the pretext for a stop. Hire a criminal attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.