VC 24250 - Driving w/o Headlights during darkness

[Slybone]

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

I received a ticket last night for VC 24250.

I was turning right out of a well lit parking lot onto a well lit street and did not notice that my headlights were off due to my ability to see clearly and the appearance that my headlights were on. I got pulled over less than 5 seconds after I turned out of the parking lot.

I realize that I did violate the VC however I feel that it is one of those situations that I would have noticed as soon and turned on my lights. I don't want a point on my record for this and I cannot attend traffic school because I have in the past. I know it is pretty difficult to fight this ticket because its either you had the lights on or not. Could I argue that my headlights were out and motion to have the ticket amended so that it be a Correctable Violation?

What would be the correct way to make that motion?

*EDIT*: Even if that motion is denied how would I go about asking for a plea bargain, I am a 20 year old college student that JUST went through massive legal trouble and because of it I was forced to take a semester off school. I would like to complete some sort of service (non-monetary) to work off the ticket so that this does not effect my education.

 

[Jim_bo]

I think that would be a fruitless defense... however, look at the actual code:

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

I think it would be a better argument to make that you were not in "darkness". The statute doesn't say that the darkness must be overcome by the sun or streetlights. It only refers to darkness. Had the legislators meant "after sunset", they could have made that stipulation.

 

[efflandt]

My headlights/parking/taillights all failed one night due to a faulty fuse (before getting a recall notice about it). So I drove from a restaurant back to a motel with my flashers going.

But it would be tough to have anyone believe such an excuse in your case if you did not mention it at the time and then turned your lights on to drive away after getting the ticket.

 

[Zigner]

I think that would be a fruitless defense... however, look at the actual code:
I think it would be a better argument to make that you were not in "darkness". The statute doesn't say that the darkness must be overcome by the sun or streetlights. It only refers to darkness. Had the legislators meant "after sunset", they could have made that stipulation.

Darkness doesn't mean artificially lit

ETA: To clarify. If it's DARK outside, but the streetlights make it well-lit - it's still DARKNESS

 

[Jim_bo]

Darkness doesn't mean artificially lit

ETA: To clarify. If it's DARK outside, but the streetlights make it well-lit - it's still DARKNESS

You are not reading the law as it is written... you are reading it as you would like for it to have been written. Fortunately, your desires are meaningless.

 

[Zigner]

I think that would be a fruitless defense... however, look at the actual code:
I think it would be a better argument to make that you were not in "darkness". The statute doesn't say that the darkness must be overcome by the sun or streetlights. It only refers to darkness. Had the legislators meant "after sunset", they could have made that stipulation.

They did:

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.

 

[Zigner]

You are not reading the law as it is written... you are reading it as you would like for it to have been written. Fortunately, your desires are meaningless.

Your ignorance is glaring...

 

[Jim_bo]

They did:

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.

I guess that makes 1 for Zig... about 400 for Jim. Congratulations... you are catching up.

 

[Jim_bo]

Your ignorance is glaring...

Just a touch childish... aren't we???

 

[Zigner]

Just a touch childish... aren't we???

Actually - the definition of childish would be:

I guess that makes 1 for Zig... about 400 for Jim. Congratulations... you are catching up.

 

[Jim_bo]

Actually - the definition of childish would be:

That would be an observation of the obvious, young boy....

 

[CdwJava]

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

I received a ticket last night for VC 24250.

I was turning right out of a well lit parking lot onto a well lit street and did not notice that my headlights were off due to my ability to see clearly and the appearance that my headlights were on. I got pulled over less than 5 seconds after I turned out of the parking lot.

I realize that I did violate the VC however I feel that it is one of those situations that I would have noticed as soon and turned on my lights. I don't want a point on my record for this and I cannot attend traffic school because I have in the past. I know it is pretty difficult to fight this ticket because its either you had the lights on or not. Could I argue that my headlights were out and motion to have the ticket amended so that it be a Correctable Violation?

What would be the correct way to make that motion?

*EDIT*: Even if that motion is denied how would I go about asking for a plea bargain, I am a 20 year old college student that JUST went through massive legal trouble and because of it I was forced to take a semester off school. I would like to complete some sort of service (non-monetary) to work off the ticket so that this does not effect my education.

The court cannot take such action. However, the DA might be willing to file a reduced charge with the court. You might want to check with them and see if they are open to that ... they probably will not be, but they might. Most DA's offices in CA don't deal with traffic infractions, but some will.

- Carl

 

[I_Got_Banned]

I don't want a point on my record for this.

Wouldn't it be AWESOME if Judges and the DMV were so understanding...
Also, if violation points were "optional" then some may argue that citations are only written as a way to generate revenue.
Oh, wait.... Some people still say that!

Who would want a point on their license... Seriously!!!

I cannot attend traffic school because I have in the past.

Was it under 18 months from the old violation date to the new violation date? If it has been klonger then 18 months then you are eligible. If it has NOT been longer, you can check with the court to see if you could request the Judge to offer you the 12-Hr 2nd offender Traffic School. It carried no points, however it still shows up on your driving record. (Which is essentially what you're asking for)...

*EDIT*: Even if that motion is denied how would I go about asking for a plea bargain, I am a 20 year old college student that JUST went through massive legal trouble and because of it I was forced to take a semester off school. I would like to complete some sort of service (non-monetary) to work off the ticket so that this does not effect my education.

Some courts still offer the ability to do Community Service in liew of having to pay a fine. Again, check with the court ot see if your particular one offers that option.
Keep in mind that being offered to do Community Service might allow you to work off most if not the entire fine amount, however, you'd still have a fee to pay for the option to get Community Service.

 

[Slybone]

The court cannot take such action. However, the DA might be willing to file a reduced charge with the court. You might want to check with them and see if they are open to that ... they probably will not be, but they might. Most DA's offices in CA don't deal with traffic infractions, but some will.

- Carl

Carl:

When exactly is a DA assigned to my case? And how do I go about getting in contact to request such a plea?

 

[CdwJava]

Carl:

When exactly is a DA assigned to my case? And how do I go about getting in contact to request such a plea?

A few counties have a DA assigned to traffic matters, others do not. In my county - which has no DA assigned to traffic cases - the DA will occasionally assign a deputy DA to attend traffic court and entertain such deals before trial. What your county might do is something I cannot guess.

I'd recommend you call the DA's office and ask if they handle pleas for traffic matters.

- Carl