Driving With The Headlights Off

[pistu]

My question involves a traffic ticket from the state of: California
I got a ticket for driving with my headlights off yesterday. It was a less than a block from where I started, since it was a well lit area, before I could realise the headlights were off I saw the cops behind. I know I made a mistake, I have been driving for almost 8 years and this is my first ticket. I understand I made a mistake and dont mind paying the fine. My questions are
1. Can I get any leeway if I go to the court
2. How much is the fine for a ticket like this
3. Will my driving record help in reducing the fine
4. The traffic cop said if i go to traffic school u can take the point off the record. If contesting in the court can I get the point taken off my record.
I really dont have a defense, if the lights were off the lights were off. I just wish he could have given a warning. Just mad that after all these years I get a ticket for headlights being off.
Any help?? thanks in advance.

[cdwjava]

What was the code section you were charged with?

- Carl

[pistu]

Section 24250

[cdwjava]

The total fine and fees will be about $146. Traffic school may be an option, but it is generally not offered if you take the stand at trial and then lose. But, you can see about going to court and hoping the officer does not show.

Good luck.

- Carl

[pistu]

What do you suggest I should do?? is there someway they will reduce the charges coz of my driving record. Is there someone that will talk to me b4 I take the stand. where can I find the procedures on how the day goes at the court?

[CourtClerk]

Pay the ticket and go to traffic school. Your driving record has no bearing on the cost of tickets, it is statutory.

[pistu]

I am going to request for trial by declaration (TBD) and in my statement just write down that, the area was well lit, traffic was light and dry, clear conditions and put no one at risk and at no point the officer looked at my headlights and send my driving record along with it and request for a lesser offense and fines and plead not guilty. lets c what happens or am I better off just writing I plead not guilty. If I plead not guilty during TBD, can I plead guilty during the trial??

[chuckycheese]

Doing the TBD probably won't do you any good because the fact that the area was well-lit explains why your lights weren't on...but it doesn't excuse the fact that they should have been. Unless it was during daylight hours, you will, essentially, be admitting guilt.

If (or after) you lose your TBD, you can request a trial de novo and either try to defend your actions or plead guilty (which would probably preserve your option of traffic school). Considering the offense, the officer may not show up; that's good. If he does, that's bad....'cause if it was nighttime, you're going to have to break out the old checkbook. Let us know how you make out!

By the way, I completely understand your frustration. In a well-lit area, it's really an easy thing to do and I think most people have probably done it at one time or another. Good luck!

[pistu]

Thanks, I will contest it and go for the trial directly. Will keep you posted on the proceedings. Now got to figure out what actually happens in a traffic court never been to one.

[CourtClerk]

What will happen is this. You need to go to the courthouse (or pay online), contest the ticket and post the bail. They'll give you a date to go to trial.

Once you get there, you'll meet with the officer that wrote you the ticket. You'll exchange evidence. The judge will call your case, you will have an opportunity to present your case, the officer will have an opportunity to present his. The judge will ask questions of both of you.

The question will come up. Were you operating your car during darkness - (regardless of how well lit the street is) because the vehicle code speaks nothing of whether there are street lights available, how good your driving record is or how long you've been driving. Once that question is answered, you'll probably lose and you'll also lose your right to go to traffic school.

Then your insurance will go up for having a point on your record.