General question, any state

[Alcides]

I'm in CA, but this is a valid question anywhere. I don't have any specfic issue, but I'd like to ask a general question about traffic law enforcement.

In order to be objective, many laws are written to precise numerical values. There are obvious things like speed limit in miles per hour but there are a lot of more subtle values such as the maximum noise level in dB or even the minimum brightness of safety bulbs in lumens or candelas. If a patrol officer was expected to inforce all such laws, they'd pratically need an entire forensics lab full of test gear to test compliance with all the various numerical limits.

However, it's my (possibly naive) understanding that if an officer can't demonstrate non-compliance in court with some kind of customary measurement, then a ticket won't hold up. How does an officer deal with this apparent dichotomy?


-A

[Curt581]

Originally Posted by Alcides

In order to be objective, many laws are written to precise numerical values. There are obvious things like speed limit in miles per hour but there are a lot of more subtle values such as the maximum noise level in dB or even the minimum brightness of safety bulbs in lumens or candelas. However, it's my (possibly naive) understanding that if an officer can't demonstrate non-compliance in court with some kind of customary measurement, then a ticket won't hold up. How does an officer deal with this apparent dichotomy? -A

The same way we deal with speeding issues.

Obviously, the police use things like radar and laser to determine exact speed. In other cases, where there is clear indications of excessive speed, but no measurement reading is obtainable... such as an accident... they issue tickets for "unreasonable or imprudent speed", or "driving too fast for conditions". Remember, the actual radar reading is NOT evidence in and of itself, the officer's testimony IS. The radar is only confirmation of his 'expert' observations.

Noise violations aren't measured by the police in Dbs. They issue based on the distance from the source that the noise is audible. For example, if your car stereo is too loud, an officer can cite you if it's audible by a normal person more than 75 feet from your car. People occasionally challenge tickets citing no Db level measurement, but they are never successful. The law is written for distance, not actual Db levels.

Lamp brightness is similar. It's not really how bright, it's the bulb itself, or the number of bulbs lit.

You are not allowed to substitute an automotive foglight bulb with an aircraft landinglight bulb. A non-"DOT Approved" bulb, such as the giant ones seen on off-road rally cars, would get you a ticket... one very difficult to disprove.

In my state, you can't have more than four total white lights lit facing forward, and must dim high beams on approach of oncoming traffic. You must do so no matter how bright or dim in actual measured lumens your lights are.

[CdwJava]

Curt answered it quite well.

However, in CA we DO have Db, lumen, and even candlepower regulations ... but, most officers do not write for those specific sections as there are far more enforceable sections to use. The problems here arise when an officer flips through the "Qwik-Code" and finds a section for noise levels (such as for exhaust) and writes one that actually requires a measurement of the Db as opposed to the one that concerns modifying an exhaust in any way that makes it louder.

One part is designed for definitions of the requirements, and another is designed for common sense enforcement.

- Carl