Driving Without Headlights On

[zlfpeak]

My question involves a traffic ticket from the state of: TX

I just moved from a college town, Iowa to Houston, TX, and got a new used car.

Yesterday, I was driving onto a highway from a local road with my friend, it seemed that a noise and strong light shined once onto my car. But both my friend and me did not hear very clearly, and continued driving, but felt a little weird since there was a car following us. It is not like a cop car so we were totally confused because we were not speeding. Then to be safe, we left the highway using the nearest exit and then the car became a cop car with colorful lights on. Just after left the highway, I realized that I did not turn on the headlight.

The police did not accept my explanation and gave me a ticket.

The truth was that I did not turn on the headlight.

The reasons why did I unintentionally drive without headlight are:

1. the college town is way darker than houston area, so both me and my friend thought the light was on. If the light is not on, no way to drive in my original town, but not here.

2. The car I bought about one month ago gets its inside dashboard light on once the engine is on whenever day, night, headlight is on or off. This is different from my last car that I must turn on the headlight to turn on the inside light.
That's why it made me think the light was on yesterday night.

Anyway, I admit that I did not turn on the headlight. The police gave me a ticket without fine, just let me go to the court 2 weeks later directly to admit guilty or not. I was a little confused. Usually I should get a ticket with fine directly? what should I do in the court? What are my options?
I have a clean driving history.

[That Guy]

It is not like a cop car... then the car became a cop car with colorful lights on.

Don't you just hate it when a non-cop car, all of a sudden, transforms itself into a cop car!!!!

Is this the statute you were cited for? (? 547.302 ?)

Sec. 547.302. DUTY TO DISPLAY LIGHTS.

(a) A vehicle shall display each lighted lamp and illuminating device required by this chapter to be on the vehicle:

(1) at nighttime; and
(2) when light is insufficient or atmospheric conditions are unfavorable so that a person or vehicle on the highway is not clearly discernible at a distance of 1,000 feet ahead.

(b) A signaling device, including a stoplamp or a turn signal lamp, shall be lighted as prescribed by this chapter.
(c) At least one lighted lamp shall be displayed on each side of the front of a motor vehicle.
(d) Not more than four of the following may be lighted at one time on the front of a motor vehicle:

(1) a headlamp required by this chapter; or
(2) a lamp, including an auxiliary lamp or spotlamp, that projects a beam with an intensity brighter than 300 candlepower.

And here is how "nighttime" is defined:

Sec. 541.401. MISCELLANEOUS TERMS.

In this subtitle:

...
(5) "Nighttime" means the period beginning one-half hour after sunset and ending one-half hour before sunrise.
...

You can call the court clerk to inquire about the fine amount. When you appear in court, you can either plead "guilty" and pay the fine, or you can plead "not guilty" and request a trial during which you'll get the opportunity to tell the judge why you think you are "not guilty" of driving without headlights.

[zlfpeak]

Thanks a lot for the response. If I plead guilty, what bad influence will be on me except the fine?

[That Guy]

Thanks a lot for the response. If I plead guilty, what bad influence will be on me except the fine?

Looks like a a guilty plea/finding for a moving violation will result in the addition of 2 violation points to your driving record (and will remain on there for a period of 3 years). That bit of info can be viewed by your insurance carrier and may result in a premium increase (whether it does increase or not will depend on the policies and procedures of your particular insurance carrier).

Quoting: Texas Dept of Public Safety

Point System

Points are assessed to moving traffic violation convictions. Once the conviction has been added to the driver record, points will be assigned and will remain on the driver record for a period of three (3) years. Points are assigned as follows:

1. Two (2) points for a Texas or out-of-state moving violation conviction. Moving violations are defined by 37 TEX. ADMIN. CODE §15.89.
2. Three (3) points for a Texas or out-of-state moving violation conviction that resulted in a crash.