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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default How to Beat a Ticket for Driving Without My Headlights

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

    I got a ticket for driving without my headlight on at night. I pulled out of a well-lit grocery store parking lot onto a well-lit street. When I pulled onto the street my mother (who was in the passenger seat) alerted me that my lights weren’t on and I turned them on (Maybe 100 feet out of the parking lot). At the same time a cops lights went on and I was surprised that he was pulling me over. I mapped the distance from the parking lot to the location that I was pulled over and it was 0.1 mile (11 sec driving time). When he actually pulled me over my light were already on. Will I be able to fight this in traffic court? If I try to fight this in traffic court and lose do I still have the option to go to driving school?

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    7,720

    Default Re: How to Beat a Ticket for Driving Without My Headlights

    Quote Quoting oscar12
    View Post
    My question involves a traffic ticket from the state of: California

    I got a ticket for driving without my headlight on at night. I pulled out of a well-lit grocery store parking lot onto a well-lit street. When I pulled onto the street my mother (who was in the passenger seat) alerted me that my lights weren’t on and I turned them on (Maybe 100 feet out of the parking lot). At the same time a cops lights went on and I was surprised that he was pulling me over. I mapped the distance from the parking lot to the location that I was pulled over and it was 0.1 mile (11 sec driving time). When he actually pulled me over my light were already on. Will I be able to fight this in traffic court? If I try to fight this in traffic court and lose do I still have the option to go to driving school?
    Is this what you were cited with?

    24400.
    (a) A motor vehicle, other than a motorcycle, shall be equipped with at least two headlamps, with at least one on each side of the front of the vehicle, and, except as to vehicles registered prior to January 1, 1930, they shall be located directly above or in advance of the front axle of the vehicle. The headlamps and every light source in any headlamp unit shall be located at a height of not more than 54 inches nor less than 22 inches.
    (b) A motor vehicle, other than a motorcycle, shall be operated during darkness, or inclement weather, or both, with at least two lighted headlamps that comply with subdivision (a).
    (c) As used in subdivision (b), "inclement weather" is a weather condition that is either of the following:
    (1) A condition that prevents a driver of a motor vehicle from clearly discerning a person or another motor vehicle on the highway from a distance of 1,000 feet.
    (2) A condition requiring the windshield wipers to be in continuous use due to rain, mist, snow, fog, or other precipitation or atmospheric moisture.


    If so, I am assuming that "inclement weather" wasn't an issue, so here is the definition of "darkness":

    280. "Darkness" is any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet.


    You'll note that the requirement to have your headlights on is not related to a brightly lit parking lot or a specific distance you drove without headlights being on (your 0.1 miles) OR time period that you were driving without headlights for (your 11 seconds driving time).

    So based on what you stated, you are actually admitting guilt -i.e. that you drove for 11 seconds / 0.1 miles before turning your headlights on-.

    You don't have the option to go to school now because this is a zero point violation. So if you go to trial and you lose, you won't have the option to go to traffic school then either!
    I am right 97% of the time... Who cares about the other 4%!

  3. #3
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    519

    Default Re: How to Beat a Ticket for Driving Without My Headlights

    You have to have your lights on when you hit the street. It does not matter if you have 1 billion candle power of artifical light from the street lamps. Your headlights must be on during darkness. I explain it to people as, it's not the fact that you can see, it's the pedestrians that may not see you because your lights are not on that concerns me more.

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