CVC 24250 in Cali - Headlights off ticket! NEED Help!

[bzdmk]

Hello,

I need some advice on how to fight a 24250 violation in Los Angeles.

Here's what happened... My bf and I left a restaurant around 10pm, the parking lot was crowded to the point where the exit was blocked off and the valet guy (only one working that night) had to move 3 cars. To facilitate things I offered to drive off the lot if he would just move the cars out of the way. Out of courtesy, I did not turn on the headlights all the way to not blast the lights on his face when he was moving the car in front of me and the car blocking the entrance. Yes, he had to back the car out of the lot so i could get out thru the entrance. In any case, I was sweating bullets trying to not hit the cars parked and also for the valet guy that was backing out on a busy street. I left as soon as I could and because of the whole ordeal and the bright street lights, I completely forgot to turn the headlights on and drove around 6 blocks with only my blinkers on. Suddenly we noticed an accident ahead and the right lane was blocked. As soon as I drove by the scene, officer pulled me over.
I opened the window, very politely I answered all his questions. Because 'no headlights' cars are usually an indication of DUI, he kept insisting I had had alcohol and that I could be under the influence, which is not true. (that night my bf asked me to drive my car so he could drink. why would we drive on an old neon and leave a brand new bmw at home?) anyway, he made me complete 2 balance tests, which I passed wearing 4 inch heels, and the breathalyzer.
He never asked for my registration or insurance and mocked me when I told him I had never been pulled over. Also, he wrote a couple of wrong info on the ticket:
1) wrong address: i told him I had moved from that address over 3 years ago. he still wrote it.
2) Are blinkers part of headlights? if it is, my headlights weren't completely off.
3) He wouldn't had seen me if it wasn't because of the accident, there were lots of siren lights on and probably didn't see the blinkers on and wrote me for 24250? (i'm not even sure if it's a valid point)
I'm a very safe driver, had my 'safe driver discount' since i was 21 (im 30 now) never had an accident nor a moving violation ticket before this.

I have a trial scheduled for next month and I could really use some help from all you good ppl!!

Thank you for reading!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[Zigner]

So, to summarize: You left a parking lot and forgot to turn your headlights on (as required based on the time of day). An officer saw you driving without your headlights on and cited you for it.

What was your question?




24250. During darkness, a vehicle shall be equipped with lighted
lighting equipment as required for the vehicle by this chapter.

[I_Got_Banned]

CVC 24250. During darkness, a vehicle shall be equipped with lighted lighting equipment as required for the vehicle by this chapter.

CVC 280. "Darkness" is any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet.

CVC Section 280 also disqualifies your vehicles front “corners” from being considered sufficient lighting to be used instead of headlights.

Although I am sure there is a specific definition of what a headlight versus a corner light (parking light) is.

Originally Posted by bzdmk

1) wrong address: i told him I had moved from that address over 3 years ago. he still wrote it.

He could have cited you for not having the correct address on your license or for failing to provide him with the card that shows your current address but he didn’t.

At any rate, that error does not deprive you from the ability to defend yourself therefore it will not be considered a good enough reason for a dismissal.

Keep in mind that because the citation does not have your current address on it, you might not receive the Courtesy Notice that is issued by the court once the citation is entered into the system. But the information that you have on the back of the citation is similar and should be sufficient for you to know what to do and by what date.

Originally Posted by bzdmk

2) Are blinkers part of headlights? if it is, my headlights weren't completely off.

No they’re not.

Originally Posted by bzdmk

3) He wouldn't had seen me if it wasn't because of the accident, there were lots of siren lights on and probably didn't see the blinkers on and wrote me for 24250? (i'm not even sure if it's a valid point)

See answer to # 2 above.

Originally Posted by bzdmk

I'm a very safe driver, had my 'safe driver discount' since i was 21 (im 30 now) never had an accident nor a moving violation ticket before this.

Then Traffic School is perfect for you. You pay the fine, pay the court an additional $49 for Traffic School, either take the Traffic School course in a classroom setting or take care of it online at your leisure. Upon submission of the completion certificate to the court (on or before the deadline given to you by the court) the citation is dismissed and no record of it will appear on your driving record therefore it will not affect the “safe driver” discount that you receive nor the amount of insurance premium you pay.

Originally Posted by bzdmk

I have a trial scheduled for next month and I could really use some help from all you good ppl!!

Have you appeared in court already and entered a plea of not guilty?
If so, then yes, the next time you show up in court is actually your trial date.
If not, and assuming this will be the first time you will appear in court (or call the # on your citation or go online and either enter a plea or request an extension) then the court appearance you are scheduled for is actually your arraignment. That is when the judge will read off the charges to you and you get to:
1. enter a plea of guilty/no contest and pay the fine;
2. enter a plea of guilty/no contest and request Traffic School + pay the fine and admin fee for Traffic School; or
3. Enter a plea of not guilty, post bail and be given a trial date.

Good luck...

[bzdmk]

Originally Posted by I_Got_Banned

CVC 24250. During darkness, a vehicle shall be equipped with lighted lighting equipment as required for the vehicle by this chapter.

CVC 280. "Darkness" is any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet.

CVC Section 280 also disqualifies your vehicles front “corners” from being considered sufficient lighting to be used instead of headlights.

Although I am sure there is a specific definition of what a headlight versus a corner light (parking light) is.

** I wasn't sure about this one... I'll look into that...

He could have cited you for not having the correct address on your license or for failing to provide him with the card that shows your current address but he didn’t.

** I told him that my address is updated at the DMV but they don't issue new cards when there's a change. It expires this year so I'll have the correct info on it soon...


At any rate, that error does not deprive you from the ability to defend yourself therefore it will not be considered a good enough reason for a dismissal.

Keep in mind that because the citation does not have your current address on it, you might not receive the Courtesy Notice that is issued by the court once the citation is entered into the system. But the information that you have on the back of the citation is similar and should be sufficient for you to know what to do and by what date.

** Yes, I got all the info I needed online with the info on the ticket and never got a notification... didn't want to risk to get fined for 'failure to appear'... it's $300!!!



Then Traffic School is perfect for you. You pay the fine, pay the court an additional $49 for Traffic School, either take the Traffic School course in a classroom setting or take care of it online at your leisure. Upon submission of the completion certificate to the court (on or before the deadline given to you by the court) the citation is dismissed and no record of it will appear on your driving record therefore it will not affect the “safe driver” discount that you receive nor the amount of insurance premium you pay.



Have you appeared in court already and entered a plea of not guilty?
If so, then yes, the next time you show up in court is actually your trial date.
If not, and assuming this will be the first time you will appear in court (or call the # on your citation or go online and either enter a plea or request an extension) then the court appearance you are scheduled for is actually your arraignment. That is when the judge will read off the charges to you and you get to:
1. enter a plea of guilty/no contest and pay the fine;
2. enter a plea of guilty/no contest and request Traffic School + pay the fine and admin fee for Traffic School; or
3. Enter a plea of not guilty, post bail and be given a trial date.

Good luck...

** I went to court cause I wanted try to ask the judge to reduce the violation to a lesser count... But he said I had to go to trial and didn't offer anything else. I plead not guilty and now I need to figure out how to request the count. Any advice on this?

[AHA]

Originally Posted by bzdmk

I plead not guilty

How can you be "not guilty" if you yourself said you didn't have your headlights on????
Are you just wanting to waste the court's time when they could be dealing with bigger cases?

[bzdmk]

** I went to court cause I wanted try to ask the judge to reduce the violation to a lesser count... But he said I had to go to trial and didn't offer anything else. I plead not guilty and now I need to figure out how to request the count. Any advice on this?

#5
Today, 03:33 PM
AHA
Senior Member

Join Date: Mar 2004
Posts: 4,143
Quote:
Originally Posted by bzdmk
I plead not guilty
How can you be "not guilty" if you yourself said you didn't have your headlights on????
Are you just wanting to waste the court's time when they could be dealing with bigger cases?

** Like I said, I went to court to try to get a lesser count or a reduction and I was open to any offers he would make. I told him I had an explanation of why I wanted to request a lesser count consideration but he didn't give me a chance to speak and the judge himself, told me that if I had anything to explain, I should go to trial. That's what I did.

[I_Got_Banned]

bzdmk,

Typically, in a Traffic case, the judge can look at the charge, weigh the evidence and then decide guilt or innocence. If the prosecutor decided to plea bargain with a defendant, then that is done before trial.

However, and considering that in California traffic cases, there is no representation by the prosecution, and since the officer (and assuming he shows up which he is more likely to do than not) is at that time only a witness (therefore he cannot change the charge)... There is no one the that courtroom to plea bargain with.

So you show up at trial, the officer testifies to what he saw, why, when, where and how he cited you, then you are given the opportunity to question the officer, refute his testimony, present evidence or bring on witnesses that you feel may help your case, and/or testify yourself as to what transpired.

In light of the fact that it was very considerate of you not to want to blind the valet guy with your old neon's lights, and considering the fact that based on what you said here you will be hard pressed to convince the judge of your being not guilty, chances are, he will find you guilty of the offense you were charged with and order you to pay the fine amount authorized in the bail schedule. (He may offer you a reduced fine but that too is highly unlikely and it still will not relieve you of the violation point on your record).

At this point in time, you have the option to and the judge is obligated to consider your request for traffic school, he is by no means obligated to approve your request.

So considering the fact that you could not prove your innocence or non-guilt, you are thereby wasting your time, wasting the court's time and risking the possibility that you might not get traffic school thereby having a violation point on your record (for the next 3 years) which could jeopardize your good driver discount and increase you insurance premium accordingly.

That, in a big nutshell, is how things work.