My question involves a traffic ticket from the state of: California
I received a ticket for driving without my headlights on after dark. The official recorded time of sunset that day was at 6:40pm and the time on the ticket says the violation occurred at 7:00pm. The California Drivers Handbook states the following:
"•You must use your headlights 30 minutes after sunset and leave them on until 30 minutes before sunrise."
Do I have a case that will hold up in court if I argue that I was still within the 30 minute guidelines at the time that the ticket was issued?
The ticket also states that traffic was light, conditions were clear and the street was dry.
Driving Without Headlights Shortly After Sunset
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11-01-2012, 11:23 PMShayBDriving Without Headlights Shortly After Sunset
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11-01-2012, 11:36 PMThat GuyRe: Ticket for Driving W/O Headlights on Only 20 Minutes After SunsetWhat day was that? What was the date?Quote:
Quoting ShayB
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11-02-2012, 12:09 AMShayBRe: Ticket for Driving W/O Headlights on Only 20 Minutes After SunsetIt was on 9/29/12Quote:
Quoting That Guy
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11-02-2012, 12:11 AMcdwjavaRe: Ticket for Driving W/O Headlights on Only 20 Minutes After Sunset
What was the specific code section you were cited for?
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11-02-2012, 12:19 AMShayBRe: Ticket for Driving W/O Headlights on Only 20 Minutes After SunsetVC 24400(b) Headlights required during darkness (This is exactly as it is written on the citation)Quote:
Quoting cdwjava
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11-02-2012, 12:28 AMcdwjavaRe: Ticket for Driving W/O Headlights on Only 20 Minutes After SunsetOkay. Just checking. Sometimes an officer might say it's a headlight violation and write you, instead, for not having two operating headlights - which would not require darkness.Quote:
Quoting ShayB
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.
Was it dark for some reason? Perhaps in a tunnel or some similar darkened place?
Rainy?
If no other condition existed to render visibility poor, then it would seem that you can probably prevail at trial should it go that far. -
11-02-2012, 12:37 AMShayBRe: Ticket for Driving W/O Headlights on Only 20 Minutes After Sunset
No, I had just pulled out of my driveway and driven one block before turning on my lights. Once they were on it was still light enough outside that I could barely see the light from them on the road in front of me.
Do you think TBWD would be the best course of action or should I go to court? -
11-02-2012, 12:53 AMcdwjavaRe: Ticket for Driving W/O Headlights on Only 20 Minutes After SunsetYou can start with the TBWD and if you lose, then you can try a court trial (trial de novo).Quote:
Quoting ShayB
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11-02-2012, 12:58 AMShayBRe: Ticket for Driving W/O Headlights on Only 20 Minutes After SunsetThank you for your thoughts and advice! Do you happen to know if this violation carries a point with it? I have looked a few different places and found both "yes" and "no" answers.Quote:
Quoting cdwjava
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11-02-2012, 10:20 AMThat GuyRe: Ticket for Driving W/O Headlights on Only 20 Minutes After Sunset24400 is a zero point violation. The way you can verify that is by reviewing VC 1803 which lists the violations that need not be reported to the DMV; in this case, 1803(b)(4) states:Quote:
Quoting ShayB
(b) The following violations are not required to be reported under subdivision (a):
(4) Division 12 (commencing with Section 24000), except Sections 24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315, 27360, 27800, and 27801 and Chapter 3 (commencing with Section 26301).
Which clearly does not list "24400".