Most vehicles are required to have properly working stop lamps, more commonly known as brake lights. The purpose of these lights is to alert cars driving behind that a vehicle is slowing down or stopped. Without proper brake lights, a serious accident could occur.
Not having these lights can also lead to a ticket and other consequences that can quickly become expensive. The New York Traffic Ticket Lawyers can help dispense with this ticket so you can avoid the most serious penalties. Learn more about how we can serve you.
Understanding VTL § 375.40(b)
New York Vehicle & Traffic Law (VTL) section 375 concerns vehicle equipment. Subsection 40(b) relates to brake lights and reads as follows:
Every motor vehicle, except a motorcycle, operated or driven upon the public highways of the state, if manufactured on or after January first, nineteen hundred fifty-two, shall be equipped with at least two stop lamps, one on each side, each of which shall display a red to amber light visible at least five hundred feet from the rear of the vehicle when the brake of such vehicle is applied.
Since nearly all vehicles driven in New York were manufactured after 1952, brake lights are essentially a univeral requirement. Based on the statute and the tickets that police have issued, a vehicle could be in violation due to:
- Having no brake lights at all
- Having no working brake lights (e.g. the bulb has burned out)
- Having only one working brake light
- Having cracked brake lights
- Having brake lights that are too dim to be seen from at least 500 feet away
- Having altered brake lights (e.g. the wrong color)
While brake light violations may seem minor, they can lead to potentially serious accidents. A driver needs to know when the vehicle ahead of them is slowing down or stopped so they don’t crash. This is particularly true when visibility is low, like at night or during bad weather.
Possible Penalties for a Violation
Since having inadequate or no brake lights is an equipment violation, there are no driver’s license points associated with a ticket. It’s considered a non-moving violation. But the driver can still face expensive legal problems if they are ticketed.
A fine can reach up to $150, even for a first offense. The amount of the fine can continue increasing for subsequent tickets. Although jail time of up to 15 days is possible, it is unlikely in practice.
A vehicle that does not have adequate brake lights will probably fail the New York safety inspection. The owner of the vehicle will be required to fix the problem and get another inspection. Driving with a failed inspection can lead to a separate ticket.
Are There Defenses to a VTL § 375.40(b)?
Yes, there are posible defenses to the ticket. The officer who issued the ticket could be mistaken or there might have been a brief electrical issue that caused an outage. The brake lights may be sufficiently bright, so the officer’s judgment as to this specific issue could be erroneous.
What generally does not count as a valid defense is that the driver was unaware of the issue. Many drivers claim they didn’t know about the brake lights not working, that it just happened, or that they were planning to fix it. Most officers won’t be convinced by these statements.
It’s possible that the driver will simply receive a warning from the officer to get the brake lights fixed. This is more likely if the issue posed no danger to others and there were no other non-moving or moving violations. Or the officer can issue a ticket.
Most New York drivers will find that the simplest solution to one of these citations is to fix the problem. If you promptly correct the issue and present proof of it, the prosecutor may dismiss the ticket. This is not guaranteed but it is the approach that is most likely to succeed.
How Can an Attorney Help Me?
Your primary goal in hiring a lawyer to handle this ticket is to avoid fines and problems with your vehicle inspection. There are several ways we can help.
First, if your brake lights are in fact working and do comply with the statute, we can obtain proof of this and present it to the prosecutor. This could lead to the ticket being dismissed so you can avoid further issues altogether.
Second, if there really is a problem with your brake lights, we can advise you as to what the specific violation is and how you can remedy it. Once you do so, we can obtain proof that you fixed it, present it to the prosecutor, and ask for a dismissal.
Third, we can help with any other tickets you may have received. New York law enforcement officers often issue brake light tickets in conjunction with other citations, including for other equipment violations. We handle all types of traffic tickets and are ready to assist you.
Contact Our New York Ticket Attorney Today
If you’ve received a ticket for having no or inadequate brake lights, let us work with you on taking care of the matter so you can avoid expensive and unnecessary penalties. Find out why so many drivers trust The New York Traffic Ticket Lawyers. Connect with us now to get started.
Frequently Asked Questions About Brake Light Tickets
Will the prosecutor dismiss this ticket if I fix it?
It’s likely that your ticket will get thrown out if you quickly fix the problem and present proof of it. However, this is not a guarantee. Every New York court and prosecutor operates differently with respect to “fix-it” ticket situations. Let our legal team seek the best outcome for you.
What happens if I don’t get my brake lights fixed?
You could not only receive additional tickets but you may fail your vehicle safety inspection. This means you won’t be issued an inspection certificate, which could lead to additional tickets and fines. Driving without passing a safety inspection is illegal.
How can I prevent this ticket?
The best way to prevent receiving this ticket in the first place is to regularly inspect your brake lights. Have someone else check while you apply the brakes to make sure they are working and are not dim. Fix your brake lights immediately if they are dimmed, cracked, or broken.