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Driving with headlights off

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pistu

Junior Member
What is the name of your state? CA
I got a ticket for driving with headlights off (CVC24250). I got it from a block away from where I started. The area was well lit .. no traffic. I am contesting hoping for the cop not to show up. The fine is 150 dollars, and 173 if I elect for the traffic school, I just want to leave the option for traffic school open in casae something major happens in the near future.

So what kinda defense can I use for my ticket. Is my only hope for the cop shows up? if the cop shows up and if I plead guilty or plead no contest, is there a chance for the judge to lower the fine?

The ticket reads as cvc24250, driwing with no lights.

any help in arguing for my defense would really help. Thanks for your help in advance.
 


Zigner

Senior Member, Non-Attorney
What time was it?

All you have to do is prove that your headlights were on at the time.
 

pistu

Junior Member
It was around 10.30 pm, it was a well lit area, so u wouldnt be able to know the difference between whether the headlights were on or off and it was less than a block away, so got caught before I could realise it.

how can I prove the headlights were on , when i know it was off??. any points for argument??? I dont want to lie though. I would rather get it over with. the only reason i want to contest is I would like to keep the option for traffic school open. Any suggestions is appreciated.

What time was it?

All you have to do is prove that your headlights were on at the time.
 

CdwJava

Senior Member
Unless you want to commit the crime of perjury, your only option is hope the officer does not show up. You can always cross examine him on his location and whether he had a good view of the front of your vehicle and ask if he COULD have been mistaken ... if you get REAL lucky, he might admit he could have been wrong. However, if you lose the trial, traffic school may be off the table.

- Carl
 

Zigner

Senior Member, Non-Attorney
Other than the fact that your gauges were not lit....;)
Good point -
I took this to mean that the OFFICER wouldn't know the difference. If OP is saying that he, himself wouldn't know the difference, then I would respond with: It is your responsibility to make sure that you are operating your vehicle legally.
 

pistu

Junior Member
guess looks like my only hope is that cop doesnt show up and no Carl I am not willing to commit perjury. It just hurts that after 5 years I get a ticket for driving with headlights off that too less than a block away from my apartment. I have this backup camera on my car. soo when I backed out of the parking lot, u can always see a well lit street, and once I backed out of the parking lot, I was in the street and the cop caught me, oh well.

I am pretty sure the cop is going to show up at the court since as soon as he gave me the ticket he said you can take the traffic school and erase the point without me asking about it. Sounded more like a salesperson.

Now having said that, Carl, Xylene or Zinger, is there anyway that judge will reduce the fine if I plead guilty or no contest? I heard about making a deal with prosecutor before I take the stand, how do I go about that?
 

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