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21461(a) headlights

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armymomplacer

Junior Member
What is the name of your state (only U.S. law)? California

Hi,
I know this is probably a silly thing to write about but I'm 43 yo and never had a ticket....that is until last Thursday. There is a 14 mile stretch of road in a town I drove thru recently. A CHP was sitting on the side of the 2-lane hwy. I was the last car in the line of traffic passing him - speed limit is 55. He pulled out behind me and turned his lights on to pull me over. I could not come up with what I did wrong....He told me that I failed to obey a regulatory sign that says headlights required. I just passed the sign which was less than a mile from where he pulled me over. (I checked it on my return home a few days later). I was a little stunned - first, I thought I always kept my daytime running lights on. There are two light controllers on my car and one is set to auto and the other is set to on (fog lights). He told me they were not on and that he was going to cite me. I told him that I thought they were always on and he proceeded to tell me that "I need to get to know my car better". Anyway, I thanked him for telling me about the lights as I really didn't know they were not always on (whenever I pull in my garage they automatically turn on so I never really knew they weren't) - I know...stupid of me. I believe it is $35 and then I have to do traffic school. If I pay the fine, will I have a point against me? I feel I should have been given a "fix it" or at least a warning since I have a clean record and drive safely. It was a little hard to swallow as I sat there waiting for my citation and watched several semi's, state vehicles and fifth wheels whiz by with no headlights. I honestly didn't know it was a requirement. On my way home, I noticed the signs clearly state CHP enforced. I guess I'm just a little taken back...should I just bite the bullet and be grateful it was only a headlight violation? Is it worth going to court?
 


The Occultist

Senior Member
It is not the officer's job to decide to give you a warning based on a clean driving record. Heck, if every officer did that, then nobody would get any tickets, because if all they get is a warning, then they still have a clean record, n'est-ce pas? If you're looking for your clean record to help you out, court is where that will happen. It may be possible to use your clean record as leverage to obtain some sort of plea bargain.

Also, as far as other people having no headlights goes, the officer is only capable of pulling one person over at a time. It sucks that it was you, but there ya go.
 

CdwJava

Senior Member
I feel I should have been given a "fix it" or at least a warning since I have a clean record and drive safely.
It's not a correctable violation, so that is out of the question.

As you were advised, he is under no obligation to give you a warning. And a "clean" traffic record generally just means that you have no convictions in the last 3 years - it does NOT mean you have not violated the law.

It was a little hard to swallow as I sat there waiting for my citation and watched several semi's, state vehicles and fifth wheels whiz by with no headlights.
He was busy with you. It is safe to assume that once he finished with you, he'd be back on duty to hit others.

I honestly didn't know it was a requirement.
The big sign that said you needed to turn on your headlights should have been a hint. A white sign with black lettering is generally a "shall do" order.

Is it worth going to court?
Maybe. Do you have a defense? Or, are you going to pray the officer doesn't show?

It's a fine of about $146 (with fees added), and is one point on your license.

- Carl
 

armymomplacer

Junior Member
Thank you for your feedback. My brother is a police officer and my son just returned from a second tour in Iraq - he is military police. When I told them of my offense they were both a little surprised that I got a moving violation out of it. But as I research the "code" it is pretty straight forward. I looked at some CHP blogs on the subject - interesting take from those guys, too - some think it doesn't really help deter accidents and others feel it makes a difference. Guess I should feel grateful it is a small fine and move on with my life. I have been "spreading the word" to friends traveling the same roadway to be sure and turn on their lights. I actually felt sorry for the CHP guy - he seemed almost robotic about it. Oh well....live and learn!
 

The Occultist

Senior Member
I'm glad that you were able to accept the advice given despite that it was not what you wanted to hear; it definitely sets you apart from some others seeking advice on here.

As I mentioned earlier, take proof of your clean record to court with you, and hopefully the court will show some leniency towards you.
 

armymomplacer

Junior Member
I will most likely pay the fine and sign up for online traffic school. Since is my first time experiencing this, I have a question. When you say take proof for my driving records - where does this come from - DMV? I'm not exactly sure how to show proof....thanks again for your kind and helpful comments.
 

The Occultist

Senior Member
The court will likely have access to your driving record anyways, but yes, it would not hurt things to stop by your DMV and get a copy of your Motor Vehicle Record to show that, this even aside, your record is clean.
 

CdwJava

Senior Member
I have not worked in a locale where these mandatory rules are not in place but I understand that they do have an impact on collisions ... no, I don't have the stats, but I have been told this is the case by local CHP officers in a neighboring jurisdiction.

- Carl
 

occharge

Member
When you say take proof for my driving records - where does this come from - DMV? I'm not exactly sure how to show proof....thanks again for your kind and helpful comments.
You'll need to get a DMV printout of your driving record.

Here's a link to the DMV page that has that info...

http://www.dmv.ca.gov/faq/genfaq.htm#BM2547

-Complete the form online and then print it OR print and complete it offline.
-Make an appointment and take it to your local DMV office or mail it in (if you have time before your court appearance).

Good Luck!
 

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