At the criminal hearing, the State did not deny that the official had erred in law, but argued that the error was reasonable. And the U.S. Supreme Court has already ruled that reasonable errors of law do not invalidate reasonable suspicion. The trial judge did not buy it and removed the stop from the car. The state appealed. Last week, a panel of the Kansas Court of Appeals approved the trial judge. The committee concluded that Martin is still good law and that the officer`s legal error was objectively unreasonable, as law enforcement agencies have been pointing out since 2008 that the “upper middle” light is a brake light. The officer made the same legal error that Martin`s agent made in Martin more than 10 years ago. [The officer] is a law enforcement officer, not an average citizen, and is expected to understand the laws he or she is required to apply.â(b) Any vehicle may be equipped and, if required by this law, must be equipped with electric turn signals indicating the intention to turn through flashing lights at the front and rear of a vehicle. or on a combination of vehicles on the side of the vehicle or combination to be ignited. Forward-facing lamps shall be placed at the same height and as far as possible on the side and shall emit yellow light at the time of marking, provided that, in vehicles manufactured before 1 July 1973, forward-facing lamps are capable of emitting white or yellow light or any shade of light between white and amber. The rear-facing lamps shall be located at the same height and as far as possible on the side and shall emit a red or yellow light or a lampshade between red and amber during signalling.
The turn signal lights shall be visible at the front and rear at a distance of at least five hundred (500) feet in direct sunlight. Turn signals can, but do not necessarily have to, be installed in other lights in the vehicle. When driving on the road, it is imperative that the brake lights in front of you work so that all travelers can stop accordingly when traffic slows down. A third brake light is required by law. 8-1721. Stop and traffic lights; color; Visibility. (a) Each vehicle may be equipped and, where required by this Act, shall be equipped with one or more stop lamps at the rear of the vehicle, which shall have a red or yellow light or a hue between red and amber visible in normal sunlight at a distance of at least three hundred (300) feet to the rear. and which shall be actuated when the service brake or foot brake is actuated and which may be fitted with one (1) or more other rear lamps, but which do not need to be installed. Kansas law governs the type, location, and light transmission value of sun protection devices (tinted windows) on vehicles registered in our state. Sun protection devices that reflect light (mirrored hue) are prohibited on all vehicles registered in Kansas. 8-1706. Rear lights.
(a) Each motor vehicle, trailer, semi-trailer and trailer, as well as any other vehicle towed at the end of a combination of vehicles, shall be equipped with at least two (2) rear lights which, when illuminated in accordance with K.S.A. 8-1703, emit a clearly visible red light at a distance of one mile (1,000) feet to the rear. with the exception of passenger cars manufactured or assembled before July 1, 1959, must have at least one (1) rear light. In the case of a combination of vehicles, only the rear lights of the rearmost vehicle shall be actually seen at the specified distance. In the case of vehicles equipped with more than one (1) rear lighting device, the lamps shall be installed at the same level and shall be as far apart as possible from each other on the sides. You may remember Martin v. KDOR from 2008, which was roughly the “third” or “superior” center brake light on newer cars. The third lamp is usually mounted inside or outside the rear window of the vehicle. In Martin, the Kansas Supreme Court recognized the new “third” lights as acceptable brake lights and concluded that the Kansas Brake Light Act, K.S.A. 8-1708, requires only two of these three brake lights to operate.
Unfortunately, not everyone had the floor. The third brake light is usually centered and placed higher than the two typical brake lights below that flank the vehicle. The addition of this third light captures the line of sight of drivers following the car, instead of using only two lights, which accelerates the response to braking. Buyers beware! The Kansas Highway Patrol regularly encounters replacement vehicle products that do not meet state and federal vehicle standards. The use of aftermarket products, especially replacement vanity products — including some replacement lights, hood-mounted LED lights, valve stem lights, smoke light covers, and an extra tint of glass — can violate state law. (c) A rear lamp or a separate lamp shall be designed and installed in such a way that the rear registration plate is illuminated by a white light and becomes clearly legible at a distance of fifty (50) feet from the rear. The rear lamps or rear lamps and the separate lamps to illuminate the registration plate shall be wired so as to illuminate each time the headlights or auxiliary traffic lights are switched on. In addition, vehicles may be equipped with the following optional lights: The only flashing lights allowed in non-emergency vehicles are turn signals, hazard lights and warning lights on school, religious and daycare buses.
In 2017, Aaron Lees was leaving a casino when an agent noticed that the left brake light in Aaron`s car had broken down. The right brake light and the top-middle brake light were working. Apparently, without knowing Martin, the officer arrested Lees for a violation of K.S.A. 8-1708(a). During the stop, Lees was arrested for drunk driving. Predictably, Lees asked the trial court to remove the car`s stop (and thus the resulting drunk driving investigation), arguing that the officer had no reasonable suspicion of a traffic violation for the first stop, citing Martin. (c) A rear lamp or a separate lamp shall be designed and installed in such a way that the rear registration plate is illuminated by a white light and becomes clearly legible at a distance of fifty (50) feet from the rear. The rear lamps or rear lamps and the separate lamps to illuminate the registration plate shall be wired so as to illuminate each time the headlights or auxiliary traffic lights are switched on. Federal law states that all vehicles have the third brake light in the car. In addition, the third lamp must be comparable to the other brake lights in the vehicle so as not to distract drivers behind the vehicle. The lights visible at the rear of a vehicle shall be yellow to red, with the exception of registration lamps and rear lamps.
Each vehicle shall be equipped with a white light illuminating the rear registration number of the vehicle when the headlights and rear lights are switched on. The reflectors visible from the rear of a vehicle must be red. The third Brake Light Act came into force in 1986 for passenger cars and light commercial vehicles in 1994. The decision was based on efficient testing with taxis and vehicles from the company`s fleet, which illustrated a reduction in rear-end collisions through the use of additional light. The tint of the windows to the right and left of the driver of Kansas-registered vehicles, the windows to the right and left behind the driver and to the rear window of the vehicle shall allow at least 35% of the light to pass through when used in conjunction with the manufacturer`s dyeing and glazing materials (total light transmission value).