The North Carolina General Assembly has recently changed the brake light law to make two operating brake lamps a requirement to operate a car on the road. Although most people already thought that was the law, it was determined that the old law only required one working brake lamp. This was determined in the case State v. Heien. The basic facts of the case are as follows.
A car transporting cocaine was pulled over because the right brake lamp was out. The officer requested permission to search the car, which was granted by the owner. The officer searched the car and found the cocaine. The defendant challenged the constitutionality of the stop by stating that the statute only required one stop lamp. The trial court rejected this argument, and the defendant appealed. After winding its way through the appellate courts, the United States Supreme Court finally determined that an officer’s reasonable mistake of law does not cause a stop to become unconstitutional. The North Carolina Courts had determined that the statute only required cars to have one brake light, thus making the reason for the initial stop perfectly reasonable.
What does this have to do with the change in North Carolina’s brake light law? The North Carolina Court of Appeals noted that it is in the power of the General Assembly to change the law and to clarify it. Recently, the North Carolina legislature actually took the step to change the law such that it is clear that two working brake lights are required for cars that operate in this state. This case is a good example of how the legislature reacts to court cases as they are handed down.
Practically speaking, this means that if you have a brake light that is out, you should really get it fixed. This new brake light law will become effective on October 15th, 2015. After this date, it shall be illegal to drive without two brake lights on the vehicle. If a person who has been drinking is stopped for failing to have two working brake lamps, the stop can quickly turn into a DWI investigation.
