Cited for Teaching Child to Drive With No Learner's Permit

[TTravis]

I have a question. If I fight this ticket and make the cop and prosecutor mad at me, can they pile on more charges?

I've appeared for my initial appearance, plead not guilty to the charge, and already filed a motion for discovery. I do believe
in Indiana they have a 2 year time limit to file charges, but can they add charges to the same event
now that the trial process has started?

you will have to prove the stop light requirement is not applicable to your situation. Since you had a boat on the trailer, I suspect that will be difficult to prove.

remember, you did say this:

If the boat blocked the view of the driver, I would think it would block the stop lamps on your vehicle as well.

The boat is not much wider than a canoe and is 4'2' wide. The brake/tail lights on the towing vehicle are 6' apart. When
following, there is no problem seeing the lights on the towing vehicle.

As far as my son driving, I suppose I should feel a little bad about that, but time will correct that problem. He will have his learners permit in just under 3 months.

[TTravis]

Here is a picture showing the lights on the car, and the lights on the trailer being clearly visible.

http://imageshack.us/photo/my-images...lerlights.jpg/

[That Guy]

I have a question. If I fight this ticket and make the cop and prosecutor mad at me, can they pile on more charges?
... I do believe in Indiana they have a 2 year time limit to file charges, but can they add charges to the same event
now that the trial process has started?

You sort of answered your own question... Sure, they can add charges. Or wait until the pending matter is concluded and act accordingly as long as that is done within the statutory period AND as long as they don't try you for the same offense twice (if, for example, you were acquitted the first time).

... but can they add charges to the same event now that the trial process has started?

Crimes/charges are not filed by "event", instead, they are predicated upon individual "criminal acts" which may have occurred or were discovered during that "event".

Questions one and two then would become, will they file additional charges? (Who knows)... And, what charges are you concerned about them filing at a late date? (Only you or them can answer that).

The boat is not much wider than a canoe and is 4'2' wide. The brake/tail lights on the towing vehicle are 6' apart. When following, there is no problem seeing the lights on the towing vehicle.

That there is a fairly subjective statement. You may still have to wait until the officer testifies... Especially when you stated:

Standard Trailer Lights. Running Lights worked, Turn Signals worked. Both sides did not brighten up for brake. Wired at vehicle improperly. No special brake lights except the fact that both turn signals should come on and stay on when brakes are on.

Which to me, would suggest two possiblities:
(1) Brake lights were "wired improperly" which goes to support the officer's contention that "... your trailer brake lights were not working [properly]..." simply because all that is required to justify the stop is a "reasonable suspicion" and not provable facts.
(2) The brake lights did NOT work properly, and instead, both turn signals should come on and yet you never verified whether they did or not.

Also, I think you're misreading subpragraph (6) of IC 9-19-6-7:

(6) On a trailer, semitrailer, or pole trailer weighing not more than three thousand (3,000) pounds gross weight, the following:

(A) On the rear, two (2) reflectors, one (1) on each side.
(B) If a trailer or semitrailer is loaded or is of the dimensions that obscure the stoplight on the towing vehicle, one (1) stoplight.

The way I am reading that goes as follows:

If the trailer is not more than 3000 lbs, then, on the rear, two reflectors, one on each side, AND:

If it is loaded, then it is required to have "One stop light" as well...

OR...

If the trailer is not more than 3000 lbs, then, on the rear, two reflectors, one on each side, AND:

If it is of the dimensions that obscure the stoplight on the towing vehicle, then it is required to have "One stop light" as well...

In other words, if your trailer weighs less than 300 lbs, AND it is loaded, it must have a minimum of one stop light (regardless of whether its dimensions obscure the stop light of the towing vehicle).

As far as my son driving, I suppose I should feel a little bad about that, but time will correct that problem. He will have his learners permit in just under 3 months.

Not even remotely relevant. The laws that were introduced delaying his ability to obtain a permit, which later were repealed and reverted back to the old way, did not include any provisions allowing you to let him get behind the wheel of a truck, towing a trailer, under the weather conditions you described, all while he has very little driving experience whatsoever!

Here is a picture showing the lights on the car, and the lights on the trailer being clearly visible.

Uhm... It could be my eyes but from what I can see, there is NOTHING in that picture that is "clearly visible"!

[jk]

I see 4 lights. What are they?

is the boat on the trailer in the picture?


If you really want to argue the legality of the stop, the best I could suggest is that you are only required to have one brake light on the trailer and (through chance) there was one working. As such, there was no reasonable suspicion or probable cause based on the lights.

[TTravis]

I see 4 lights. What are they?

is the boat on the trailer in the picture?

One pair of lights is from the towing vehicle, the other is from the trailer. Both are visible. The boat is on the trailer in this picture.

n would become, will they file additional charges? (Who knows)... And, what charges are you concerned about them filing at a late date? (Only you or them can answer that).

The police officer's report included Public Intoxication and Child Neglect.