Can you drive with two of three brake lights working in Michigan?

4 views 7 answers
I was pulled over for a right brake light being out. The officer told me he pulled me over for a brake light being out and not using a turn signal. I want to know if this is legal. For the turn signal I recall using my turn signal but the street I was driving on ran out and turned into another street so I was still driving in a direct line.

Attorney Answers

7
Becket Jones ·
If you have a brake light that is not operating, yes that can be the basis of a valid traffic stop. Can you argue that the functionality of your brake lights overall was good? Sure. Is it a winning argument? Maybe. If you want to argue that (and the only thing you have been cited for is a civil infraction for the brake light) then you need to set a formal hearing on the issue. Because you have posted to the DUI / DWI forum though, I assume you are wanting to ultimately attack the validity of the stop to do a fruit of the poisonous tree / suppression motion / argument. I cannot tell you whether you have any likelihood of success on that issue, because (a) what you have pointed out to me is a bit of a grey area in the law, and (b) there could be other factors referenced that would make the stop valid (or not valid). Ultimately, the status of the law on validity of stops in OWI cases boils down the officer's reasonable take on everything - i.e. its about the "totality of the circumstances". There is a lot of case law floating out there on this topic. You should talk to an experienced attorney about the specific issue(s) in your case face to face in a consultation setting as soon as possible. Best of Luck.
0 upvotes
Mark Andrew Nickel Jr.Family Law AttorneyYorkville, IL ·
I am not a MI lawyer, but I am going to guess the law is similar to Illinois in the sense that it requires left and right brake lights as well as a third brake light. If any of them are out you are in technical violation of the law. The turn signal is a more interesting issue. Consult with a local attorney who can view a map/aerial view of the intersection to see if there is an argument to be made that no signal was necessary. S/he may also be able to help work out a deal with the prosecutor that has minimal or no effect on your license.
0 upvotes
Peter Vangelderen ·
If the lights and/or other equipment on your vehicle are not working, you may be stopped by the police. I would suggest contacting a local attorney if you're interested in challenging the stop. An attorney can request the police report and in-car video to review the validity of the stop.
0 upvotes
Joshua Stewart EldenBradyCriminal Defense AttorneyNorth Muskegon, MI ·
Michigan law says that all of the lights on your vehicle have to be working. You can have a motorcycle with only one tail light but if you install a second and one of the two does not work you can be ticketed for it. Usually you can get it dismissed if you fix it and have proof that you fixed it. The law also says that you have to signal a turn. I have often wondered why you should have to if you are in a lane that forces a turn or if the street ends, but the law says any turn has to be signaled.
0 upvotes
John Knappmann ·
Agree with previous answers. Probably not much of a chance arguing those issues. You should consult a lawyer.
0 upvotes
Stephen Houseal ·
You can be stopped in Michigan for any light being non-operational. You should be able to get the ticket dismissed as a "fix-it" ticket if you have the defect repaired and take your vehicle to the police station to have an officer check to verify the light works and then sign the back of your ticket. Present the signed-off ticket to the court within the required time. If you want to fight the failure to signal turn, ask for an informal hearing or, better, hire an experienced traffic attorney.
0 upvotes