how to proceed with my case and evidence

[Old Town]

What is the name of your state (only U.S. law)? Wichita, KS

I was issued a "Lights Required Certain Hours" violation 11/08/08, Code of the City of Wichita Kansas 11.60.030 (a), upon turning on a city street from a lighted parking lot after dark, with only parking lights on. It's a $80 ticket, but feel it was a frivolous ticket given the slow moving traffic on the well lighted street and that the cop was actually just fishing for DUI candidates, which I was not one. So I want to force the City to prove my guilt on this citation, and I am willing to take some time and trouble to do it. I entered a not guilty plea with the clerk and asked for a court appearance. The appearance was on 01/06/09 but this was not a trial and apparently a trial is required for not guilty pleas on these tickets. The judge set a date for my trial of 01/28/09 and I am trying to prepare for it and need some advice how to do so.

My defense in plain English is that while I appear to have violated 11.60.030 (a), the definition of headlight used in that section does not preclude the use of other lights, in my case parking lights, as long as they meet minimum requirements for use as headlights, and since mine do I was in compliance with the applicable City Code, did not break the law, and the cop was wrong. The minimum requirements for use of a light as a headlight is addressed (I think) by City of Wichita Code 11.60.170 (a) section (1), where it says (in plain English) that the headlight must be of sufficient intensity to reveal persons or vehicles at 150 feet ahead on a dark roadway. Note that if this section is not the one that defines minimum performance for a light to be used as a headlight then I do not see any other definition in the City Code. This section is entitled "Directing beams" and it is quite ambiguous also. Assuming this the applicable code section, then I have to prove my parking lamps are usable as headlamps and meet the minimum standard set forth in 11.60.170.

I photographed my parking lights aimed at a target on a dark road at 150 feet and low and behold, they "reveal" it at that distance. I took several photos showing this and along with my argument, this forms the substance of my defense.

Ok, my question is what do I need to do in the three weeks between now and my court trial. The judge said something about evidence disclosure. I am afraid if I do not send a copy of my evidence photos, or some statement saying that I intend to use evidence, then the prosecutor may be able to have it disqualified on a technicality.

I am not sure what section of Kansas Code to even look at for rules on proceeding here. Can anyone offer some advice?

 

[Zigner]

Give it a try - the judge might get a chuckle and be in a good enough mood to let you off.

 

[Old Town]

If I were not to give the City prosecutor an advanced notice regarding any of my case details such the photos I will use, wouldn't I risk the judge disallowing them? Do I need to give the prosecutor a heads up on the substance or contents of my case? Thanks again.

Kansas Statutes Section 60-445. Discretion of judge to exclude admissible evidence. Except as in this article otherwise provided, the judge may in his or her discretion exclude evidence if he or she finds that its probative value is substantially outweighed by the risk that its admission will unfairly and harmfully surprise a party who has not had reasonable opportunity to anticipate that such evidence would be offered.

 

[Old Town]

Bump. Anyone got any thoughts on this?

 

[I_Got_Banned]

Read the entire code section

Sec. 11.60.030. Lighting headlamps--When.
(a) Every motor vehicle upon a highway within this city at any time from a half hour after sunset to a half hour before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernable at a distance of one thousand feet ahead, shall display lighted head and other lamps and illuminated devices as hereinafter required for different classes of vehicles, subject to exceptions with respect to parked vehicles and, further, that stoplights, turn signals and other signaling devices shall be lighted as prescribed for the use of such devices.
(b) Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, the provision shall apply during, the time stated in subsection (a) of this section in respect to a vehicle without load upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.

It sounds to me like your attempt to qualify your parking lamps as "sufficient lighting" at a distance of 150 feet is lacking since the exact same code section which you were cited for requires the same at a minumum of 1000 feet.

I also underlined the portion referring to the hours during which you are required to have 'headlights" on just as a suggestion that you cannot expect every officer to stand there with a light meter checking to see "how bright and from how far" on every vehicle he/she passes. The criteria they would typically use would be "check the time, check for headlights, if none, then cite"... Just my guess.

Lastly, there is something frivolous about this case but in my eyes, it isn't the citation!