What Is KRS 189.040?
KRS 189.040 establishes Kentucky’s vehicle lighting requirements. Headlights, taillights, brake lights, and turn signals must all function properly. While these are minor violations, they’re frequently used as pretexts for traffic stops in Lexington and Louisville that lead to more serious charges.
What the Statute Requires
- Two functioning headlights, properly aimed
- Functioning taillights visible from required distances
- Brake lights that activate when the brake is applied
- Turn signals that operate properly
- Headlights on between sunset and sunrise, and during low visibility
Penalties Under KRS 189.040
- Violation: Fines
- No license points typically
- “Fix-it” tickets often available with proof of repair
The Pretextual Stop Problem
Many DUI arrests, drug seizures, and weapons cases begin with a stop for a defective taillight. If your case involves serious charges that arose from a lighting violation stop, the legality of that stop becomes critically important.
Defenses Available
- Light was actually functioning
- Officer’s observations were inaccurate
- The defect didn’t justify the stop
- Repaired before court (often dismissed)
Get Help with Pretextual Stops
If a minor lighting issue led to a major case, call Clark + Harris at 859-474-0001 — 24/7.
Frequently Asked Questions
How soon should I contact Clark + Harris after being charged in Kentucky?
As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.
Does Clark + Harris represent clients throughout Kentucky?
Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.
What happens during a free consultation with Clark + Harris?
We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- KRS 532.080: Persistent Felony Offender (PFO) Sentencing
- KRS 189A.200: Vehicle License Plate Confiscation for DUI
- KRS 512.040: Criminal Mischief in the Third Degree
- KRS 511.030: Burglary in the Second Degree
- KRS 218A.992: Firearm Enhancement for Drug Offenses