Ticket Given for Headlights Off Prior to 30 Minutes After Sunset
My question involves a traffic ticket from the state of: Headlights off in a time of darkness
On December 26th, I was pulled over for the first time. I was completely unaware of what I did. I thought it was because I turned on a yellow light (which I tend not do, though I know it is legal) and thought maybe it turned red and I didn’t notice. He gets off his motorcycle and I asked him what I did. He then said my registration was expired… and your headlights were off. Right away I realized my lights were indeed off, however I knew for a fact the car’s registration was not expired because my parents had got it recently. Anyways, he asked for my license, registration and insurance and I was nervous so it took me a while to find my license (I for sure had it, just stuck it into a one of the many pocket in my purse), and since it was my parent’s car I had no idea where the other stuff was, so I shifted through all the documentation and found registration. I then gave it to him and kept looking for my issuance. I told the officer I knew it was in there because my brother had just taken his drivers test and also needed that documentation. He then left to I assumed write my ticket. I then found the insurance information, but was instructed to stay in the car, I then tried to get the officer attention by waving at him, however he did not notice. The ten minutes he took writing the ticket, I thought I was receiving two tickets, one for my headlights (which I though would be a simple warning considering it was not yet 100 percent dark) and the more serious one the registration.
Anyways he hands me the ticket and asks if I had any question. I told him I had found my insurance info and he took it looked at it for a few seconds and handed it back saying okay. After reviewing my ticket, I realized he had given me two citations, one for the headlights and one for the insurance (though I did show him it was in the car, but due to unfamiliarity of the car it took a while to find) and one for the headlights.
My friend and brother were in the car and as we drove off to catch a movie we were still wondering why I was pulled over for registration but the officer never brought it up again and why did I receive a ticket if we all agreed it was not dark yet.
I began to do research because it just didn’t feel dark. Anyways I want to plead not guilty because the law states that headlights must be on 30 minutes after sunset or if visibility is bad that you can’t see 1000 ft in front of you. Luckily, we were heading from the bank right before I was pulled over and my friend took out money. It was date stamped at 5:13, and I drove no more than two minutes before I was pulled over. Making it around 5:16is, I was also in a well lit area because I was driving near the mall. Sunset was officially at 4:51, therefor I was not guilty of not having my headlights in darkness because the definition that the officer thought was dark was not the legal definition of darkness. Sorry if this isn’t making much sense.
It was also a very well lit area and I also have a phone call my brother made to my mom when I was pulled over at 5:19 still under the 30 minutes.
Overall I felt that I was not give the chance to correct my headlights because I was driving in a well lit area and the sun was still setting meaning there was light in the sky. Also my parent’s car has automatic light however I am not too sure how these work and normally I realize its dark and put on my headlights right away.
I know it’s a small ticket but I really felt one of the reasons the cop gave me a ticket was because what he originally pulled me over for was registration and he was I assume wrong (never told me) so he had to give me something.
Though I am a new driver (less than a year) I have a clean driving record, got a hundred on both written and driving test, and overall am a hard working college student who never gets into trouble.
THANK YOU
Re: Ticket Given for Headlights Off- Though It Was Before the 30 Minutes After Sunset
In what state did this occur, and what was the code section cited?
Re: Ticket Given for Headlights Off- Though It Was Before the 30 Minutes After Sunset
It sure would help to know what state, but I know of know state that the PARKING lights are legal to be driven with. There's good reason they are called PARKING lights. If it was dusky to the point you thought additional illumination is required, most states require you to operate the headlights in that situation.
Re: Ticket Given for Headlights Off Prior to 30 Minutes After Sunset
What is the time of the offense as stated on the ticket you received?
Re: Ticket Given for Headlights Off Prior to 30 Minutes After Sunset
You sure the law is must be on no later than 30 minutes AFTER sunset?
Re: Ticket Given for Headlights Off Prior to 30 Minutes After Sunset
Usually it is 30 minutes before sunset or you would be driving in the dark.
Re: Ticket Given for Headlights Off Prior to 30 Minutes After Sunset
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Disagreeable
Usually it is 30 minutes before sunset or you would be driving in the dark.
Actually, no. Even at sunset there is still quite a bit of light. It is not the case that it is really dark at sunset. In the states that have a sunset rule, the two rules that are used are that the lights are required between sunset and sunrise or between one half hour after sunset and one half hour before sunrise. I do not see any jurisdiction in which the rule is one half hour before sunset. See the AAA summary of headlight laws. I note that this summary is not perfectly accurate as it does not mention that Colorado has a rule that the lights come on at sunset. But it was accurate on the half dozen or so other states I checked so I'm assuming it is for the most part correct.
Re: Ticket Given for Headlights Off Prior to 30 Minutes After Sunset
30 minutes after sunset to 30 minutes before sunrise is the way most are written. When visibility is poor, such as in rain or snow, many require them as well.