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California headlight ticket CVC 24250 Please Help

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HighwayMan

Super Secret Senior Member
I understand all that, but her having to wait 6-8 minutes for the officer to write the ticket and serve her with it is irrelevant unless she is saying that it was the service time printed on the ticket rather than the actual time of violation.
 


CdwJava

Senior Member
Then the question becomes one of practicality. Is it worth losing the certainty of traffic school in the hope that one might prevail at trial? And, if unable to prevail, the hope that traffic school might still be available?

The question actually becomes: "Do you feel lucky?"
 

Zigner

Senior Member, Non-Attorney
Then the question becomes one of practicality. Is it worth losing the certainty of traffic school in the hope that one might prevail at trial? And, if unable to prevail, the hope that traffic school might still be available?

The question actually becomes: "Do you feel lucky?"

That's why I suggested the trial by written declaration. That will give the OP a chance to see what the officer will testify to, and, if the OP loses, s/he can ask for a trial de novo and then request traffic school there.
 

kimchimango

Junior Member
That's why I suggested the trial by written declaration. That will give the OP a chance to see what the officer will testify to, and, if the OP loses, s/he can ask for a trial de novo and then request traffic school there.

I respectfully submit this written declaration to the Court pursuant to CVC 24250. I plead Not
Guilty to the charge of violating CVC 24250.

The facts of my case are as follows: While driving on San Gabriel Boulevard, I was stopped by a SGPD Officer, (I.D. #113) and was charged with CVC 24250. On June 20th, the time of sunset in the San Gabriel Valley was about 8:07pm(±30-45 seconds) according to U.S Naval Observatory Astronomical Applications Department.
Division 1 enacted by Stats. 1959, Ch. 3. states, “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.” The time written on my traffic ticket was at 8:37pm. It was the service time printed on the ticket rather than the actual time of the violation. In addition, the officer had me stay in the car for 5-6 minutes. The offense was taken less than 30 minutes after sunset, therefore it is not considered “period of darkness”, as defined by the law. At the time of my stop the road was clear and visibility was definitely sufficient, surrounded by lights.
I trust in the Court’s fairness and ask that my citation be dismissed in the interest of justice.
If the court does not find in my favor in this case, I request a Trial de Novo.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Is this good enough? Need to turn this in 2 days.
 

Zigner

Senior Member, Non-Attorney
I respectfully submit this written declaration to the Court pursuant to CVC 24250. I plead Not
Guilty to the charge of violating CVC 24250.

The facts of my case are as follows: While driving on San Gabriel Boulevard, I was stopped by a SGPD Officer, (I.D. #113) and was charged with CVC 24250. On June 20th, the time of sunset in the San Gabriel Valley was about 8:07pm(±30-45 seconds) according to U.S Naval Observatory Astronomical Applications Department.
Division 1 enacted by Stats. 1959, Ch. 3. states, “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.” The time written on my traffic ticket was at 8:37pm. It was the service time printed on the ticket rather than the actual time of the violation. In addition, the officer had me stay in the car for 5-6 minutes. The offense was taken less than 30 minutes after sunset, therefore it is not considered “period of darkness”, as defined by the law. At the time of my stop the road was clear and visibility was definitely sufficient, surrounded by lights.
I trust in the Court’s fairness and ask that my citation be dismissed in the interest of justice.
If the court does not find in my favor in this case, I request a Trial de Novo.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Is this good enough? Need to turn this in 2 days.

You waited THIS long to do this?
Your request that we review and advise on your statement is beyond the scope of this forum, as doing so would be considered the unlawful practice of law (a crime). You should contact a traffic attorney about this matter. I know the area you were stopped in and the surrounding area. Just look for a billboard.
 

kimchimango

Junior Member
You waited THIS long to do this?
Your request that we review and advise on your statement is beyond the scope of this forum, as doing so would be considered the unlawful practice of law (a crime). You should contact a traffic attorney about this matter. I know the area you were stopped in and the surrounding area. Just look for a billboard.

What do you mean by look for a billboard?
 

Zigner

Senior Member, Non-Attorney
Do you think it is necessary for me to get an attorney? How much will it cost?

I don't know that it's necessary, but I know that it would be out of line for us to review and give specific advice on your TBD. Since you've waited until practically the last minute, you've really put yourself in a bind.
 

kimchimango

Junior Member
I don't know that it's necessary, but I know that it would be out of line for us to review and give specific advice on your TBD. Since you've waited until practically the last minute, you've really put yourself in a bind.

Hello I am at the court house right now and I was wondering if you were in my position would you write the written declaration in pen or print it out? I am half way finishing it in pen but the thought of printing it sounds more professional.
 

Zigner

Senior Member, Non-Attorney
If I were in your position, I would have typed it at least a month ago, if not two. Why? Because then I could have simply mailed it in an been done with it until a response comes from the court.
 

kimchimango

Junior Member
If I were in your position, I would have typed it at least a month ago, if not two. Why? Because then I could have simply mailed it in an been done with it until a response comes from the court.



Hello, I got a ticket for driving without headlights and paid the fine on September 29 2017. However, it says on the paper "If you wish to attend Traffic school you must pay $62 within 30 days of the date stated in the item 2 of the clerk's certificate of mailing either in person or by mail at Pasadena Court only"

Right now it is December 13, and my mother told me that my insurance went up I had no clue that I had to do traffic school being only 19 I am completely clueless about tickets. Can anything be done, insurance already went up is it too late? I am planning to call them early in the morning but will it be better if i go to the court house and talk to the clerk and ask for a extension? Please help me.. My mother will take my car away and I am currently in college...
 

kimchimango

Junior Member
I understand all that, but her having to wait 6-8 minutes for the officer to write the ticket and serve her with it is irrelevant unless she is saying that it was the service time printed on the ticket rather than the actual time of violation.

Please help.. is it too late if I missed my Traffic school date? its been about 2 months and my insurance went up. Can i try calling the clerk and ask for a extension?
 

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