Berks Judge Determines That A High Beam Violation Is Insufficient To Support A Stop

The Hon. John A. Bocabella of the Berks County Court of Common Pleas recently ruled that a high beam violation is insufficient to establish reasonable suspicion to support a lawful traffic stop.

In September, 2012, a uniformed officer with the Central Berks Regional Police Department stopped Defendant's vehicle on Hill Road in Lower Alsace Township, Berks County, after Defendant failed to dim his high beams when traveling through the intersection with Spook Lane. The officer was stopped at the intersection waiting to turn left onto Hill Road when he observed Defendant's vehicle. The officer further claimed to have smelled burnt marijuana emanating from Defendant's vehicle as it passed. The officer initiated a stop of Defendant's vehicle and Defendant subsequently admitted to smoking marijuana. The officer transported Defendant to the DUI Center for testing, which revealed metabolites of THC.