Can I be charges for the drugs in my car if the reason the cop gave to pull me over was my brake light wasn’t working?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I be charges for the drugs in my car if the reason the cop gave to pull me over was my brake light wasn’t working?

I was pulled over for ‘a brake
light out’ and searched bc my
husband is on probation. Drugs
were in the car and I was
charged. My brake lights are
working just fine Can dash
cam footage be supeoned in
court to show proof that my
lights were working properly
and if so will this get my
charges dropped since the only
reason for pulling us over was
the brake light?

Asked on September 4, 2018 under General Practice, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) Yes, you can request "discovery" (e.g. subpoean) the footage in a criminal case.
2) IF the stop was pretextual--that is, the alleged reason for it was false--the evidence found on the stop can be thrown out. If the only evidence was the drugs found during the stop, that  should result in dismissal.
3) With a drug charge against you and with a reasonable chance to get it discrarded on procedural/evidentiary grounds, hire a criminal defense attorney to help you: the lawyer will know much better than you how to get the footage and, if it shows what you think, use it to exclude the drugs.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption