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“White Light” & Broken Tail Lights: Why the Police Can’t Pull You Over for Every Little Crack

Broken Tail Light Not a Legal Reason to Stop

By: John Guidry

I keep telling you this, and it bears repeating: This is the United States of America. Supposedly, the most free country on earth. Sometimes it’s hard to notice all this “freedom” when the police are stopping cars for minor equipment violations instead of catching real bad guys.

The Question: If your car has a few things wrong with it—a few items in disrepair—does that give the government the right to pull you over? The Answer: Heck No. (Well, sort of no).

Did the police pull you over for a cracked tail light that still worked?

The stop might be illegal. Call John today at (407) 423-1117.

The Example: The “White Light” Crack

Imagine your rear brake light is cracked. When you hit the brakes, a little bit of “White Light” emits through the crack instead of just red.

  • The Stop: An officer pulls you over, claiming that the white light is a safety hazard or an equipment violation.
  • The Real Reason: He just wants to see if you smell like weed or have a suspended license.

The Law: Doctor v. State While Fla. Stat. 316.610(1) allows police to stop unsafe vehicles, the Florida Supreme Court drew a line in the sand. In Doctor v. State, 596 So. 2d 442 (Fla. 1992), the Court held that a cracked tail light emitting white light cannot support a vehicle stop unless the officer can prove the light created a Safety Hazard.

  • The Reasoning: If the light still works and other drivers can see you braking, a tiny crack is not a hazard. It’s just a defect.

The “Slippery Slope”: Hilton v. State

The Courts doubled down on this in Hilton v. State, 961 So. 2d 284 (Fla. 2007).

  • The Logic: If police could stop you for any defect, they would have “free rein” to pull over every car with a broken radio antenna, a dent in the passenger door, or a peeling bumper sticker.
  • The Ruling: The police cannot use minor, non-hazardous defects as an excuse (pretext) to detain you.

The Bottom Line: A warning for a broken light is really just the officer’s way of saying: “I thought you had drugs, but since you don’t, I’ll pretend I stopped you for your safety.”

John’s 2026 Update: HB 253 & The “Motor Crimes” Era

Note: In 1992, a cracked light was a civil infraction. In 2026, “Unauthorized Lighting” is a crime.

1. HB 253 (The “Motor Crimes” Act) Effective October 1, 2025, Florida passed HB 253, which transformed many equipment violations from civil infractions into Criminal Misdemeanors.

  • The Shift: Police now argue that any light not approved by the manufacturer (including “white light” leaking from a crack) constitutes “Unauthorized Lighting.”
  • The Danger: While Doctor is still good law for broken equipment, police use HB 253 to argue that the defect is now a crime in itself, giving them probable cause to arrest you, search your car, and tow it.

2. The “License Plate Frame” Trap HB 253 also declared war on “Obscured Plates.”

  • The Old Law: It was a non-moving violation if a frame covered the word “Florida.”
  • The 2026 Law: It is now a Criminal Offense to have any material (clear covers, tinted sprays, or thick frames) that obscures any part of the plate’s alpha-numeric text or the state name.
  • The Result: Police don’t need Doctor to justify the stop anymore; they just look for a dealer frame that touches the word “Sunshine State” and turn on the lights.

3. Automated AI Enforcement You might not even get pulled over.

  • The Tech: Traffic cameras in Orlando are now equipped with AI that scans for equipment defects.
  • The Ticket: You might receive a “Notice of Defect” in the mail with a $150 fine attached, generated automatically because the camera spotted white light on your bumper.

Don’t Give Them a Reason

In 2026, your car’s condition is your first line of defense. If you have a cracked light or a license plate frame, fix it. Don’t give the police a “Motor Crime” excuse to ruin your life.

Call me at (407) 423-1117. Let’s fight the pretext.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.

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