wilkes

Went they stop you for a brake light out or any other lights, they gave you a warning along with a card to mail in saying u fixed it. Don't know if they still do that or not!! Sounds like some people are lazy to change out a bad blub for a new one...lol

The only time you're in trouble for a brake light being out. Is if you're drunk when they stop you. Happy motoring.

THE OFFICER IN THIS CASE GAVE THE DEFENDANT A WARNING TICKET FOR "AN IMPROPERLY FUNCTIONING BRAKE LIGHT."

THAT IS WHY TICKETS ISSUED NOW SAY IMPROPER EQUIPMENT.

I LOVE IT WHEN THESE STUPID*** BACKYARD ATTORNEYS, WHO HAVE ABSOLUTELY NO TRAINING IN LAW, THINK THAT THEY'RE THE NEXT OLIVER WENDELL HOLMES.

wilbar wonder (view profile)	Posted 4:20 pm, 05/17/2015
Let DOT stop you and see if your statements fly. All lights have to work, whether they were installed at the factory or owner added

I never said you wouldn't get a ticket however thanks to this ruling it will be thrown out when you get to court.

kubota (view profile)	Posted 4:15 pm, 05/17/2015
i'll have to call faulse statement on this cause in section D sentence 3 it plainly reads all originally equipped or equivalent to be in working order. which means if it came with two two must be working.

On its face you would be right however if you had read the court decision you would see why they ruled the way they did again from the decision

N.C. Gen.Stat. � 20�129(g) (2009) (emphasis added). Initially, we note that the language of N.C.G.S. � 20�129(g) demonstrates that the "stop lamp" required under that statute is synonymous with what is colloquially called a "brake light." See N.C.G.S. � 20�129(g) ("The stop lamp ․ shall be actuated upon application of the service (foot) brake.") Because Sergeant Darisse testified that the vehicle's "right side brake light was out[,]" and the trial court's 25 March 2010 order and both parties' briefs use the term "brake light," we will use the terms "brake light" and "stop lamp" interchangeably. The use of the articles "a" and "the" before the singular "stop lamp" throughout N.C.G .S. � 20�129(g) clearly conveys that, under the statute, only one stop lamp is required on the rear of a vehicle. Thus, the plain language of subsection (g) requires only one stop lamp on a vehicle.

Let DOT stop you and see if your statements fly. All lights have to work, whether they were installed at the factory or owner added

i'll have to call faulse statement on this cause in section D sentence 3 it plainly reads all originally

equipped or equivalent to be in working order. which means if it came with two two must be working.

Eagle 1000 (view profile)	Posted 4:07 pm, 05/17/2015
Improper equipment would be the charge. Most officers would not write just for that but give you a warning to get it fixed, however it does give opportunity to find other major offenses during the stop, DUI, DWLR, warrants and such.

Not according to the court decision since you are only require to have one working stop lamp.

Based on the language of the statutes, we hold that the malfunction of a single brake light, where a vehicle has at least one functioning brake light, is not a violation of N.C.G.S. � 20�129(g), N.C.G.S. � 20�129(d), or N.C.G.S. � 20�183.3.

Ump you beat me to it while I was typing.... :)

Improper equipment would be the charge. Most officers would not write just for that but give you a warning to get it fixed, however it does give opportunity to find other major offenses during the stop, DUI, DWLR, warrants and such.

Eagle 1000 (view profile)	Posted 3:56 pm, 05/17/2015
I understand one courts decision in that particular case, but the next judge that hears such a case may interpret the law the way it is written in that ALL original equipment lamps must be in working order. My opinion in the case you are referring to, the judge got it wrong in interpreting the statute. You probably won't get that lucky again.

This is a NC court of appeals decision the only judge's that can over rule them are the judge's on the NC supreme Court.

*LAW

WHAT THE STUPID*** OP FAILS TO MENTION IS THAT THE DEFENDANT WAS NOT GIVEN A TICKET, ONLY A WARNING.

THE CASE MENTIONED INVOLVED POSSESSION, TRANSPORTING, AND SALE OF COCAINE AND THE CHALLENGE TO THIS KAWASAKI WAS USED AS A TECHNICALITY TO GET OUT OF THE CHARGE.

SO I GUESS THAT THE OP IS SUPPORTIVE OF DRUG DEALING,

Top Soil (view profile)	Posted 3:54 pm, 05/17/2015
The amount of time people spend reading this post, they can just go to the auto store and get a new bulb, but maybe you should just get your POS off the road if you can't afford the five or more dollars it costs to replace a light bulb.

The whole point is if you get a ticket for a brake light being out you can get out of it. A brake light can go out at any time on any car so it has nothing to do with it be a POS even brand new cars burn out bulbs.

TOOMUCH1234 (view profile)	Posted 3:39 pm, 05/17/2015
Where does it say that? I've looked twice and says nothing about "Under state law you are only required have one working brake light."

Try reading the parts in red and follow the link to read the court decision. In the parts highlighted in red notice that it says A STOP LAMP or THE STOP LAMP written in singular not plural which is why the court rule that subsection d doesn't apply.

From the court decision.

Based on the language of the statutes, we hold that the malfunction of a single brake light, where a vehicle has at least one functioning brake light, is not a violation of N.C.G.S. � 20�129(g), N.C.G.S. � 20�129(d), or N.C.G.S. � 20�183.3.

I understand one courts decision in that particular case, but the next judge that hears such a case may interpret the law the way it is written in that ALL original equipment lamps must be in working order. My opinion in the case you are referring to, the judge got it wrong in interpreting the statute. You probably won't get that lucky again.

The amount of time people spend reading this post, they can just go to the auto store and get a new bulb, but maybe you should just get your POS off the road if you can't afford the five or more dollars it costs to replace a light bulb.

Go read the court decision the NC appeals court has ruled that subsection D doesn't apply the stop lamps.

Read the statute again. If your vehicle has factory lights they must be in working order. If your vehicle only came with one stop lamp such as a motorcycle or moped, that's legal if it is working. Refer back to subsection D. If it came with them they have to be " in good working order".

Where does it say that? I've looked twice and says nothing about "Under state law you are only required have one working brake light."