The state’s highest court has agreed to consider an issue low to the ground: whether a vehicle’s tail light has to be red and only red, or if it can emit white light, too.
The Supreme Court will now hear the case of Timothy Robert McBride, who was pulled over after he failed to use his turn signal. The Mesa County sheriff's deputy also cited McBride for two broken tail lights. Although red tape patched the lights, the lamps emitted white light along with red light.
Multiple officers and a police dog arrived, and they took McBride into custody on an outstanding warrant. They also discovered illegal narcotics and a handgun in the car. A judge declined to suppress the evidence, finding police had reasonable suspicion to stop McBride. A jury convicted him of firearm possession by a prior offender and the two traffic offenses.
McBride challenged his traffic convictions, and a three-judge panel of the Court of Appeals agreed there was insufficient evidence to support the failure-to-signal offense. As to the tail light infraction, state law requires all motor vehicles to have at least two rear tail lamps that emit a red light plainly visible from 500 feet.
The law, wrote Judge Christina F. Gomez in July of last year, “signifies that tail lamps must shine only red. The statute doesn't say a tail lamp must shine red, along with any other colors. It only says ‘red.’”
She added that allowing white light from the rear, even mixed with red, could cause confusion or accidents.
The Supreme Court agreed on Monday that it would hear McBride’s appeal. The case is McBride v. People.
The justices also agreed to hear appeals on the calculation of inmate parole dates, public employee retirement plans, modifications to indeterminate sex offender prison sentences, and the government’s obligations to provide services to Native American families in child welfare proceedings.
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June 30, 2021 at 05:29AM
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Red light, white light: Colorado justices to examine busted tail lights - coloradopolitics.com
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