California headlight ticket CVC 24250 Please Help

[kimchimango]

What is the name of your state (only U.S. law)? California

Hello, I just got a ticket for driving without my headlights on. A cop pulled me over at around 8:30pm and said that your fog lights is turned on but your headlights are off. I look at my dashboard and saw that my headlights and fog lights indicator was on. Before the cop told me to step outside and check that it was turned off, he saw that my dashboard had the headlight and fog lights indicator on, I was just in shock that the headlights were turned off I dont know why but I flicked the headlights to automatic. Nothing changed in the dashboard but the headlights turned on... It just on manual before hand. After that he immediately cited me a ticket. It was my stupid mistake.

After he gave me a ticket I noticed that I could not turn on my fog lights by itself without my headlights turned on, but I did not have the chance to explain that to the officer. What should I do? Do i have a chance to fight this ticket? He said if i didn't touch it he would of cited me a fix it ticket.. Would recording a video help at all? I would be glad if I can just get a fix it ticket instead because I know there is something wrong with my headlights.

 

[FlyingRon]

The officer is not obliged to issue a fix it ticket no matter what he said. However, you can make the request with the court to allow them to treat it as a correctable violation (especially if you had something actually repaired). You can make the request, but prepared to pay the full fine.

 

[Zigner]

...in other words, you might get lucky.

There is nothing to "fix" here, as the problem is that you don't (didn't) understand how to operate the systems in your car. Not a knock on you, just a fact.

 

[CdwJava]

Even if the officer did not mark the citation as being "correctable," the court still has that option. Whether they will choose to exercise that option or not is something you'd have to ask. But, if you choose to contest the citation and lose, you may lose the opportunity for traffic school. And, traffic school will help you by mitigating the point (and a likely insurance increase for 36 months).

 

[Zigner]

What city were you pulled over in? And at what time, exactly? Even better, what time is shown on the citation?

What were the weather conditions and visibility conditions when you were pulled over?

 

[kimchimango]

What city were you pulled over in? And at what time, exactly? Even better, what time is shown on the citation?

What were the weather conditions and visibility conditions when you were pulled over?

I was pulled over in San Gabriel Valley at around 8:30pm there were alot of cars so the visibility conditions was clear night time. Once I started to drive in the freeway I would of noticed my headlights were not working. Usually I flicked it on and off constantly so that it would work, most of the time its one headlight that goes out, but this time I guess both went out. What would you do in this situation?

 

[Zigner]

What kind of car is it?

What time is noted on the citation? (Yes, there is a reason I'm asking.)

 

[kimchimango]

What kind of car is it?

What time is noted on the citation? (Yes, there is a reason I'm asking.)

lexus gs300 2006, time is 8:37pm

 

[Zigner]

lexus gs300 2006, time is 8:37pm

You are technically 4 minutes past the time that "darkness" started, per state law. It's too bad you can be more sure of the actual time of the stop, as compared to the time the citation was written.

 

[kimchimango]

You are technically 4 minutes past the time that "darkness" started, per state law. It's too bad you can be more sure of the actual time of the stop, as compared to the time the citation was written.

WOW! He literally made me wait like 6-8 minutes in my car, is there anything I can do? What would you do? Is it true if I try to contest this and lose my insurance will go up? Thanks for the help..

 

[HighwayMan]

WOW! He literally made me wait like 6-8 minutes in my car...

Amazing that it took him more than five seconds to write your ticket!!

 

[Zigner]

Amazing that it took him more than five seconds to write your ticket!!

On June 20th, the time of sunset in the San Gabriel Valley was about 8:07pm (±30-45 seconds). If the officer wrote the citation at 8:37pm, then the OP was almost definitely not violating the law in-so-far as that part of the definition of "darkness" is concerned. So, that 6-8 minutes certainly does make a difference in this case. I think that's why the OP was a bit animated about that.

For the OP: I was mistaken on the sunset time, and it actually helps you. If the ticket was written at 8:37 pm, then I think you have a fair chance of arguing that you weren't violating the law. There is a "however": even though it wasn't "darkness" as defined by 30 minutes after sunset, the weather or other environmental conditions may have made it dark enough the restrict your visibility. I have no idea if the officer will try to make that argument. Your best bet, in my opinion, is to do a trial by written declaration. Go here for a good source for sunset times: http://aa.usno.navy.mil/data/docs/RS_OneDay.php. Make sure to include that information with your declaration. If you don't succeed there, you can ask for a trial de novo, but now you'll have the benefit of knowing what the officer will say about the matter. Best of luck to you!


(This is not for you, OP...the people who it's for will know it: See? I CAN be pro-OP in traffic matters )

 

[kimchimango]

There is a "however": even though it wasn't "darkness" as defined by 30 minutes after sunset, the weather or other environmental conditions may have made it dark enough the restrict your visibility. I have no idea if the officer will try to make that argument.

I cant seem to read this officer's hand writing but underneath the weather road & traffic condition it says something like C I D, H or C I D, I T or C I D , H. Also should I ask for the officer notes?

 

[HighwayMan]

I don't know about CA, but around here what's written on the ticket as the "time of offense" is pretty much considered "at or about". In a case like this the "real" time of violation would come out at trial or in a deposition if requested by the defendant.

Regardless, I don't see a problem/issue with "making me wait in my car" for 6-8 minutes unless she is saying that it was the time of service that was written on the ticket.

Or maybe I've had too long of a day.

 

[Zigner]

I don't know about CA, but around here what's written on the ticket as the "time of offense" is pretty much considered "at or about". In a case like this the "real" time of violation would come out at trial or in a deposition if requested by the defendant.

Regardless, I don't see a problem/issue with "making me wait in my car" for 6-8 minutes unless she is saying that it was the time of service that was written on the ticket.

Or maybe I've had too long of a day.

If she got pulled over for the offense less than 30 minutes after sunset, then it wasn't a "period of darkness", as defined by the law. That's why the time is of particular importance for this OP.

[SUB](http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=24250)[/SUB]
24250. During darkness, a vehicle shall be equipped with lighted lighting equipment as required for the vehicle by this chapter.

and

[SUB]http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=VEH&division=1.&title=&part=&chapter=&article=[/SUB]
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.


I live in the area...barring smoke from a fire, dust, or something along those lines, if the OP got stopped 25 minutes after sunset, then visibility was almost definitely sufficient.