North Carolina Criminal Law Blog

It’s the end of the year. The criminal justice system is slowing down a little bit for the holidays, but other activity is ramping up. For many parents, making a […]

A caller recently asked me whether it is a crime to use gang signs. First, some background. According to one gang expert, “each gang has their own gang hand signs […]

I wrote recently about how the Justice Reinvestment Act changes North Carolina’s existing habitual felon law (you can read that post here). This post examines a new recidivist offender statute […]

As part of the Justice Reinvestment project, analysts from the Council of State Governments (CSG) looked at how the habitual felon law is used in North Carolina. In general, the […]

I’ve had several questions about BB guns, pellet guns, and airsoft guns, and whether certain criminal offenses can be predicated on the use or possession of such weapons. I’ll try […]

The court of appeals’ recent decision in State v. Pierce, __ N.C. App. __ (October 18, 2011), analyzed whether a defendant could properly be convicted of second degree murder for […]

Suppose that Bob Boyfriend moves in with Gina Girlfriend. Bob lives in Gina’s apartment for several months. He isn’t on the lease and doesn’t pay rent, but he does buy […]

Furious that her ex-boyfriend slept with her best friend, defendant puts up a post on Facebook falsely stating that boyfriend enjoys intimate relations with inbred dogs (actually, the phrase “enjoys […]

We’ll start with a pop quiz:

A police officer sees that the right brake light of a vehicle fails to illuminate when the driver applies brakes while driving down a street in North Carolina. The left brake light works. Does the officer’s observation of the malfunctioning right brake light provide reasonable suspicion that a violation of the state’s traffic laws has occurred, thus justifying a stop of the vehicle?

1. Yes.  A stop of the vehicle based on this observation is constitutional.
2. No.  A stop of the vehicle based on this observation is unconstitutional.

So as not to spoil the surprise, the answer appears after a page break.  First, some background.

G.S. 20-129(g) sets forth the requirements for brake lights—termed “stop lamps” under the statute—on vehicles operated on North Carolina roads. Any motor vehicle, motorcycle, or motor-driven cycle manufactured after December 31, 1955 that is operated on street or highway in North Carolina must be “equipped with a stop lamp on the rear of the vehicle.” The stop lamp must display a red or amber light visible from at least 100 feet to the rear in normal sunlight.  It may be incorporated into a unit with one or more other rear lamps.

Other provisions of G.S. 20-129 set forth the requirements for lighted “rear lamps” for vehicles. G.S. 20-129(d) requires that every motor vehicle, and every trailer or semitrailer attached to a motor vehicle and every vehicle drawn at the end of a combination of vehicles must “have all originally equipped rear lamps or the equivalent in good working order, which lamps shall exhibit a red light plainly visible under normal atmospheric conditions from a distance of 500 feet to the rear of such vehicle.”

So, every motor vehicle must have one working brake light pursuant to G.S. 20-129(g). And all of a vehicle’s “rear lamps” must be in good working order pursuant to G.S. 20-129(d). Does this mean that if a vehicle is equipped with more than one brake light, all of them must work? Find out after the jump.

G.S. 20-138.1(a)(2) prohibits a person from driving a vehicle upon a highway, street or public vehicular area after having consumed sufficient alcohol that the person has, at any relevant time […]