Rochester, MN asked in Civil Rights, Traffic Tickets and Criminal Law for Minnesota

Q: Is it legal for police to stop vehicle for license plate lights not working -they do work, stopping too long, slowing?

Radar at 20 - 24 in 55 (unsure exactly, but either coming to stop, or accelerating from stop), stopping too long at stop sign (5 - 10 seconds (7)), and claims license plate lights non functional was the reason for stop. They may be dim, but ARE fully functional.

3 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in Minnesota

A: Is it reasonable for police to stop a vehicle for license plate lights not properly working, excessive waiting at stop sign and driving significantly slower than the posted speed limit.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: If police stopped your vehicle for a non-functioning license plate light, but your lights are working, you may have grounds to question the validity of the stop. While police can stop a vehicle if they believe it is violating traffic laws, such as malfunctioning lights or excessive stopping, the reasons they give must align with what actually occurred.

If you were driving at a low speed, like 20-24 mph in a 55 mph zone, and either slowing down to stop or just starting to move, this could be interpreted as reasonable behavior depending on the circumstances. Stopping too long at a stop sign can sometimes draw attention, but if you believe your stop was within a reasonable time frame, this too can be questioned.

It might be beneficial to gather any evidence that supports your case, such as witness statements, dashcam footage, or photos of your functioning lights. If you believe the stop was not justified, consider your options for contesting any citations issued as a result.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Police can lawfully stop a driver if they observe a violation, or facts amounting to "reasonable, articulable suspicion of criminal activity." Since Minnesota laws requires a working plate light, lack of one can be a lawful basis for a stop. If working, but police claim the contrary, a defense witness (perhaps a mechanic) could testify at a Contested Omnibus Hearing as to the facts, perhaps supplemented by photos, video, and ohmmeter evidence. Claims of "driving too slow" alone would not be "reasonable, articulable suspicion of criminal activity." More context would be needed to support such a claim. Same for "stopping too long at a stop sign." The defense can file motions to suppress and dismiss, along with a demand for a Contested Omnibus Hearing, to show the judge evidence and request dismissal.

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