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  1. #1
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Is it Careless or Unsafe Driving to Drive at Night Using Only Daytime Running Lig

    The fact that they're called "daytime running lights" should give you some sense that they're not intended to be sufficient for nighttime driving. Yes, it can be very dangerous to drive at night without proper illumination of your vehicle. You don't get excused from traffic laws when you're in a parking lot that's open to the public, even if it's privately owned.

    Presumably your state has a charge for driving without your headlights illuminated; if you find such a statute and if the penalty is less than the careless driving charge, consider negotiating with the prosecutor for an amendment of the charge. (Or otherwise negotiating for a deferral, dismissal on costs, or other beneficial resolution.)

  2. #2
    Join Date
    Jun 2011
    Posts
    4

    Default Re: Is it Careless or Unsafe Driving to Drive at Night Using Only Daytime Running Lig

    Thank you for the reply.

    I understand that they are daytime running lights, but can you please enlighten me on what "parking/fog" lights are for? I had them on too, and with being in a barren parking lot, and parking 5 seconds after I turned the lights off, does that give me any leg to stand on whatsoever? Also, the parking lot was a well lit lot. Again I don't know if this even matters, but the officer was pulling me over on a complete BS charge, and then it snowballed into more, so that's why I'm wondering if I have any chance on throwing the original charge out.

  3. #3
    Join Date
    Jun 2011
    Posts
    4

    Default Re: Is it Careless or Unsafe Driving to Drive at Night Using Only Daytime Running Lig

    Actually, a better question to ask is; is it illegal to only have daytime running lights on in private property that's open to the public (but possibly not at 11:30pm? when I got pulled over). Would it really fall under the law as a real "roadway/highway" whatever you'd like to call it?

    Thanks,

  4. #4
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Is it Careless or Unsafe Driving to Drive at Night Using Only Daytime Running Lig

    There just so happens to be a code requiring headlights. When the lot is open to public transportation movement (such as a parking lot) then it is part of the roadway, which is part of the highway. What if there had been someone walking across the lot and you hit them? The stop was valid though even if the initial ticket gets tossed. It reasonable that an officer would stop to investigate when two vehicles are seen in an otherwise deserted parking lot without headlights. Since he was right behind you it's also reasonable to assume that he say you operating the vehicle on the highway (roadway) and since you were intoxicated that is a problem. The officer also has the right (if not the responsability) to conduct an inventory of your vehicle for CYA reasons so the search which turned up your beer is good too.
    § 4302. Periods for requiring lighted lamps.
    (a) General rule.--The operator of a vehicle upon a highway shall display the lighted head lamps and other lamps and illuminating devices required under this chapter for differentclasses of vehicles, subject to exceptions with respect to parked vehicles, at the following times:
    (1) Between sunset and sunrise.
    (2) Any time when the operator cannot discern a person or vehicle upon the highway from a distance of 1,000 feet due to insufficient light or unfavorable atmospheric conditions, including rain, snow, sleet, hail, fog, smoke or smog.

  5. #5
    Join Date
    Jun 2011
    Posts
    4

    Default Re: Is it Careless or Unsafe Driving to Drive at Night Using Only Daytime Running Lig

    So you're saying the officer was in his legal rights to take my keys after I locked my vehicle and tell me that's what he's going to do - LOCK MY VEHICLE, and then when I say it's already locked, he unlocks it anyways, and searches it. It's legal for him to do that? And I'm not sure if it didn't matter or you didn't read closely, but our vehicles had headlights on, just not taillights. So in a well lit parking lot and with headlights, no I don't think we would have hit anyone. Especially since nobody was there other than us.

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