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Old 04-29-2005, 05:32 PM
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Join Date: Apr 2005
Posts: 2
Question

Can my fine be dismissed if the officer did not state reason for pulling me over?


What is the name of your state?What is the name of your state? CA

I hurt my back one night at work. My then, 14-year old step-son was with me. My husband was not home to ask him to pick us up. My son, offered to drive (as he accomstumes in Mexico), and so I agreed--at the time, it did not sound like such a bad idea.

We pulled out of a well-lit parking lot, hence, he (nor I) remembered to turn on the headlights. We notice a police car flashing us, and my son turn-on the headlights. However, the officer did not turn off his patrol lights. We got pulled over and once the officer found out he was unlicensed, he issued us notices to appear in court and towed my vehicle,(although, my husband was now accessible and willing to drive us home.) The officer never stated why we got pulled over in the first place--he did not issue us any other violation ticket. Of course, we assumed it was because of the headlights, but the issue was not introduced nor pursued by the officer.

I realize it is a long-shot, but my question is:

Can my case be thrown-out because of this? I realize that my son's driving would be considered poor and dangerous, but I am not sure if the officer conducted due process with us that night. I know that it may be irrelevant to my violation to let him drive without a license, but what about his own court appearance? What would be his defense? Ultimately, I am the person responsible for him driving and it does not seem fair for him to get a bad record without having one in the first place.

My son is now 15 and has completed a driver's ed course. He only needs to wait until he is 15 1/2 to get his learner's permit. Would this help me to request and obtain a reduced fine and/or community service?--I am currently looking for work.

I not seeking to get away from my responsibility, but I believe this is a special cirmcumstance in persuading the judge for a little clemency.
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Old 04-29-2005, 10:34 PM
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Join Date: Feb 2005
Location: Orange County, Ca.
Posts: 48
The officer stopped you for violating CVC section 24400(a) Once he discovered the driving violation he took action related to that, he doesn't have to cite you for every violation he observes. It was obvious to all three of you that the headlights were not on during darkness.
You had other choices on how to get home, other than allowing your unlicensed son to drive.

24400. (a) During darkness, every motor vehicle other than a
motorcycle, shall be equipped with at least two lighted headlamps,
with at least one on each side of the front of the vehicle, and,
except as to vehicles registered prior to January 1, 1930, they shall
be located directly above or in advance of the front axle of the
vehicle. The headlamps and every light source in any headlamp unit
shall be located at a height of not more than 54 inches nor less than
22 inches.
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