Pulled over for not Using Headlights at 7:28(Twilight/Dawn)? or so it may seem.

[anteater]

Tacos, infant formula, and a couple beers...

The Breakfast of Champions!

 

[Silverplum]

I am sorry you mis-understood, I got the formula from a friend from that was meeting me there and he gave me a single taco because he didn't want it. -.-

I am only trolling because some others decide to troll.

Merry Christmas, Happy New Year, and smell ya later.

 

[ecmst12]

Way to attempt to answer my Questions *SARCASM*

I have no interest in attempting to answer the questions from someone who is so obviously lying.

 

[ecmst12]

Also, if I was the mother of your child, and I found out you got drunk on the way to get the child formula, a traffic ticket would be the very least of your worries.

 

[Silverplum]

The usual Q4P.

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


The Entire Incident is as follows; I was Driving on McCarty Lane at 7:28 A.M. when I was stopped by a Sheriff for not using my headlights,

The Officer came to my Passenger window and asked if I was going to roll down the window, before I had a chance to react he swung my Car Door Open without permission and stick his head in the vehicle.

The Officer said to me "Why are your headlights off?" I Asked why he had pulled me over, He was Very Non-Compliant to my Questions. He then asked for my License(Which I did not Have.), He asked me then to step out of the car and to empty my pockets, and he was going to search me. He asked me if I had needles on me, I said no. He then Asked if I was drinking. I said No at first, but then fessed up and said I had drink Two Beers. We both came to an agreement that The BAC I had was Legal.



I was not acting belligerent with the officer but only speaking in a professional and respectful manner the whole time. He asked why I was driving, I told him to get my Son formula and he asked why I stopped at a local restaurant, I said I was hungry.

After he searched me, He put me in hand-cuffs and put me in the back of his Car. He then started searching through my car without my permission and I just watched him, and I had no way to tell him no, nor did He ask to search my Car.

Finally on the way Back to the Station, I asked again if I was under arrest, and He said No. He would not allow me to leave, nor did He ask me any more questions, he told me to sit down and Shut-Up.
I Obliged the officers command.



So I was taken to the station, *NOT BEING UNDER ARREST*, and I called my Sister to Come get me. and was waiting for some kind of response, I intercomed the officers, that if I wasn't under arrest, why could I not leave, the officer said at first I was under arrest, then he said he was just waiting on the officer to issue me tickets. Finally after about 30-40 minutes of waiting, another officer comes and releases me.

(Ohio Revised Code) Pulled over for Not using my headlights at dawn*So it may seem* , Issued a citation: 4153.04(Headlights). Further Resulted in another citation, failure to reinstate license: 4510.21. So Ohio Revised code 4513.04 States A Few Questions;

**Note: OHR 4513.04 states; (A) Every motor vehicle, other than a motorcycle, and every trackless trolley shall be equipped with at least two headlights with at least one near each side of the front of the motor vehicle or trackless trolley.

Every motorcycle shall be equipped with at least one and not more than two headlights.

(B) Whoever violates this section is guilty of a minor misdemeanor.

**************************

It would seem that instead of issuing me a citation for 4513.04, that 4513.03 would be more appropriate, right?

1. If I was Cited for 4513.04, which does not mention 4513.03, can I be cited for 4513.03 when I explain to them the mistake they made, in court. Because My car is in Compliance with 4513.04 but at the time was no mention of 4513.03.

2. If I provide evidence to the court that my Car has *Head Lights*, will 4513.04 be dismissed?

3. If "Question 1" Fails, the time was 7:28 and according to my research, the visibility at the time, was twilight, which is legal to have headlights off.

4. If I sucsessfully contest the Original citation for the reason being pulled over, will any other citation be dismissed for the incident at hand?

5. What are my chances of successfully contesting the two citations?

6. Did the Officer have Any right to Detain me?

7. Did the Officer have Any right to search my car?

8. Did the Officer have Any right to enter my car without Permission?

9. What Kind of Penalties could I face for these things if I plead not Guilty, but am found guilty?

10. Is there anything else I should do to prepare for my Courtcase in 10 days?

 

[Just Blue]

I am sorry you mis-understood, I got the formula from a friend from that was meeting me there and he gave me a single taco because he didn't want it. -.-

I am only trolling because some others decide to troll.

No one has "trolled" your thread...except YOU.

 

[PaulMass]

If you were driving at a time when headlights are not required, the officer had no legitimate reason to stop you for operating without headlights.

If the officer stopped you with no legitimate reason, that is a violation of your Fourth Amendment rights, and any evidence obtained subsequently can be excluded.

Placing you in handcuffs and transporting you to the police station sure sounds like an arrest to me.

What you need to decide is if it is worth challenging the stop and excluding the evidence. That's something an Ohio attorney would be better equipped to answer.

BTW, your proposed cross examination seems spot on, but I don't see where you were going with it.

 

[FlyingRon]

If you were driving at a time when headlights are not required, the officer had no legitimate reason to stop you for operating without headlights.

Except you're wrong in two ways. First, we've already established that the driver WAS driving prior to sunrise which Ohio absolutely requires the lights to be lit.
Second, even if he wasn't, you're incorrect. All it takes is the officer being able to articulate a reasonable suspicion that the violation occurred to make the stop. You don't have to actually be guilty of the offense nor even does it need to raise to the level of probable cause.

 

[Just Blue]

If you were driving at a time when headlights are not required, the officer had no legitimate reason to stop you for operating without headlights.

If the officer stopped you with no legitimate reason, that is a violation of your Fourth Amendment rights, and any evidence obtained subsequently can be excluded.

Placing you in handcuffs and transporting you to the police station sure sounds like an arrest to me.

What you need to decide is if it is worth challenging the stop and excluding the evidence. That's something an Ohio attorney would be better equipped to answer.

BTW, your proposed cross examination seems spot on, but I don't see where you were going with it.

Paul...I am a bit confused.

It the "proposed cross" "spot on" or confusing as you can't see "where" OP "is going with it".

Please clarify...

Thanks
Blue

 

[Bali Hai]

Paul...I am a bit confused.

It the "proposed cross" "spot on" or confusing as you can't see "where" OP "is going with it".

Please clarify...

Thanks
Blue

OP has obviously been watching The Dukes of Hazard re-runs.

 

[Just Blue]

OP has obviously been watching The Dukes of Hazard re-runs.

Perhaps...But I was wondering what the heck PaulMass was posting about.

 

[justalayman]

I am only trolling because some others decide to troll.

but you told the officer you went to the restaurant because you were hungry. How did you know your friend had a spare taco, which actually refutes your statement you went there because you were hungry. Now you are saying you went there because that is where the friend that was given you the formula was. It's great when BS stories fall apart so quickly. We have seen some fantastic trolls here that could keep things going for a long time. You don't measure up.

trolls troll because they are trolls....period.

He asked why I was driving, I told him to get my Son formula and he asked why I stopped at a local restaurant, I said I was hungry.

so either you went to the restaurant to get the formula or not. A person that was actually going to a restaurant to pick up formula from a friend that was there and was taking the time to explain his actions to the police would have said; I stopped at the restaurant to meet a friend who was giving me some formula.

 

[Bali Hai]

but you told the officer you went to the restaurant because you were hungry. How did you know your friend had a spare taco, which actually refutes your statement you went there because you were hungry. Now you are saying you went there because that is where the friend that was given you the formula was. It's great when BS stories fall apart so quickly. We have seen some fantastic trolls here that could keep things going for a long time. You don't measure up.

trolls troll because they are trolls....period.





so either you went to the restaurant to get the formula or not. A person that was actually going to a restaurant to pick up formula from a friend that was there and was taking the time to explain his actions to the police would have said; I stopped at the restaurant to meet a friend who was giving me some formula.

I'm wondering if the kid ever got fed or did the cops let him starve to death? How dare the officer be "very non-compliant" to OP's questions. To others who might see this, this is what happens to those who drink beer for breakfast, drive without a license and lie your ass off to the police.

 

[cbg]

And of course, none of it matters a whit because his failure to take 1.2 seconds to flip the switch to turn on the headlights is in no way mitigated by the purpose of the drive.

 

[justalayman]

I'm wondering if the kid ever got fed or did the cops let him starve to death? How dare the officer be "very non-compliant" to OP's questions. To others who might see this, this is what happens to those who drink beer for breakfast, drive without a license and lie your ass off to the police.

and that is a very good point:

the kid never got the formula, or at least within a reasonable time.