Can a Police Officer Pull You Over for a Defective Daytime Running Light?

Yes, you could be pulled over for a defective daytime running light, even in states where it is allowed. A malfunctioning light can lead to a defective equipment citation, as well as other potential violations such as registration, insurance, or licensure issues.

Officer's Discernment and Flexibility

The decision to pull over a vehicle is often based on a combination of factors. An officer might issue a citation for a daytime running light that is out or provide a verbal warning. Young or inexperienced officers may sometimes look for any reason to stop a driver, but professional and mature officers do not bug people; they are only focused on ensuring safe driving conditions.

Virginia's Stance on Equipment Violations

Virginia recently revised its laws to prevent police officers from pulling over vehicles with defective lights. Effective July 1, 2021, several equipment violation statutes were revised to include the following phrase:

"No law-enforcement officer shall stop a motor vehicle for a violation of this section. No evidence discovered or obtained as a result of a stop in violation of this subsection, including evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding."

This means officers can no longer stop vehicles for simple equipment violations unless they are primary offenses, such as following too closely or driving while drunk. Tail lights and brake lights are considered secondary violations and can only be addressed if a primary issue is observed and acted upon.

Intentions Behind the New Law

Proponents of this law argue that it aims to reduce traffic stops, which they perceive as harassment of people of color. However, this view overlooks the fact that some law enforcement officers use equipment violations as an early form of red-flag intervention. They suggest that such tickets could be used to alert drivers to potential legal issues or to ensure that vehicles are in good working order.

As a former police officer, my experience is that I would only pull over a driver for a non-functional light if the driver had informed me about the issue and had adequate time to repair it, or there was a history of previous warnings. The primary reason not to write these tickets arbitrarily is to avoid unfairness to others. If I had a malfunctioning light on my cruiser during a traffic stop, wouldn't I want the same enforcement applied to me?

Vehicle Safety and Public Safety

One reason for pulling over a vehicle with a single tail light is for safety. When a vehicle is manufactured, both tail lights are generally installed simultaneously. Therefore, if one tail light is out, the other is likely to fail soon. If both lights go out, the risk of being rear-ended by another driver at night increases significantly. Officers use this visibility issue to ensure public safety.

Secondly, I have personally arrested numerous fugitives and wanted individuals based on equipment violations. Around 12 fugitives were discovered during vehicle inspections. These violations are often the first sign that something is amiss with the driver, and they serve as a valuable lead for law enforcement.

While this new law might seem progressive in its intent to reduce harassment, its actual impact is a reduction in public safety. Allowing equipment violations to go unaddressed increases the risk on the roads, which is not a step forward.