Traffic Citation for 24250 CVC

[la90292]

I was cited for driving without my headlights on; however, I discovered later that the automatic light sensor that operates my headlight was defected. I took my car to the dealer and had it repaired. I have a receipt for the repairs.

I want to plead "not guilty" because the failure to drive without my headlights on was not due to my negligence or willful neglect. My headlights were set to auto and were on when I left the parking garage. I was pulled over a block over when they went off.

Is there a statute that would enable the judge to dismiss this citation due to mechanical failure or other defense?

Thank you for your time and consideration.

[Citicop]

If you corrected the problem, the judge may reduce or dismiss the charge due to that fact.

But you are responsible for ensuring your headlights are on, so the "it wasn't my fault" defense will likely not fly.

-Citicop.

[greg72982]

I was cited for driving without my headlights on; however, I discovered later that the automatic light sensor that operates my headlight was defected. I took my car to the dealer and had it repaired. I have a receipt for the repairs.

I want to plead "not guilty" because the failure to drive without my headlights on was not due to my negligence or willful neglect. My headlights were set to auto and were on when I left the parking garage. I was pulled over a block over when they went off.

Is there a statute that would enable the judge to dismiss this citation due to mechanical failure or other defense?

Thank you for your time and consideration.

Seriously?!?! Plead not guilty if you want but I hope that isn't your only defense. Your lazyness to not turn on the headlight switch is not a defense. Faulty equipment? We got one for that too(in PA anyway).

[Safety Steve]

I agree with Citicop. The driver is responsible for the equipment working properly, insurance, current registration, inspection sticker, etc.............

The, "I did not know" and "it's not my car" defense will not work.


Be Safe.

[la90292]

What defense would you suggest? Should I ask the judge to reduce it to a correctable offense since I had it repaired.

[la90292]

My lights "were" switched to Auto. It was the Auto sensor that I discovered the next day when I had the car checked that was found to be defective.

[Safety Steve]

I would refer you back to Citicops first post and first sentence! If you would like, I will give you the same thing he suggested in different words.

FIX THE PROBLEM IMMEDIATELY, CONTACT THE JUDGE AND HE MIGHT HAVE MERCY ON YOU AND REDUCE OR DISMISS THE TICKET!

Don't make a mountain out of a ant bed!


Be Safe.

[Safety Steve]

My lights "were" switched to Auto. It was the Auto sensor that I discovered the next day when I had the car checked that was found to be defective.

Exactly! And you were the driver. The driver is responsible for the vehicle!

Can you read? If so, what part of any of the above posts do you not understand? You have posted three times now that you do not pay attention when driving and received a ticket because of it! If your car has cruise control and you set the cruise to a speed and then get a ticket for that speed, is that not speeding? Or would you come on here and say it was not your fault because the cruise control was set! Your thinking is that of a junior high kid! Grow up and show some maturity your parents taught you!


Be Safe.

[la90292]

I am new to this forum and this is my first post. I joined to forum to get advice. There is no need to be disrespectful. If can not provide me with help as to my problem, then do us both a favor and don't.

I have fixed the problem so I asking for suggestions as to what to say to the judge based on the facts. Thanks.

[Cat_Doc]

Plead not guilty, explain to the judge what happened, show him/her the repair receipt and then live with the court's ruling.

[greg72982]

What defense would you suggest? Should I ask the judge to reduce it to a correctable offense since I had it repaired.

I would go hat defense on this one, assuming the officer was not wearing his department issued hat.

My lights "were" switched to Auto. It was the Auto sensor that I discovered the next day when I had the car checked that was found to be defective.

I have this feature on my POV. However the switch also will go to "off," the parking lights, and the headlamps. The sensor is a luxury item, but as you can see it malfunctions. It is still your responsibility to ensure the headlights turn on thus why I don't see that as being a defense.

[Curt581]

I blame useless technology. You need an auto-sensor for the headlights?

Is the On-Off switch too inconvenient or complicated?

I think the same thing when I see car stereo systems with remotes. You can't lift your arm and reach the volume knob that's less than 18 inches away?

[scott715us]

I blame useless technology. You need an auto-sensor for the headlights?

Is the On-Off switch too inconvenient or complicated?

I think the same thing when I see car stereo systems with remotes. You can't lift your arm and reach the volume knob that's less than 18 inches away?

Sigh.....too much to ask Curt...

[L-1]

I see no one from California (where the violation occurred) has responded to your post, so I'll try and give you an idea as to how the courts see things out here.

First let me suggest that you are one of the many fine Californians who sincerely believes that if you can explain why you violated the law, it will make everything OK. Trust me, it doesn't work that way.

You delegated the task of turning your lights on and off at the right time to a mechanical device. Not a problem. Most of us with newer cars do that. However, while it is entirely proper to delegate that task and rely on a mechanical device, you cannot delegate responsibility for complying with the law to that mechanical device. You are still personally responsible for making sure your lights are turned on and off at the right time. There's no way around this one.

But you say, "I was acting in good faith which disproves any unlawful intent. Because I was relying on the mechanical device, I did not realize my lights were off and my violation was unintentional."

In the court's eyes you will just have dug yourself a deeper hole. Most traffic violations are unintentional. Few people intentionally speed, run a stop sign, or drive without lights. It that very inattention that causes traffic accidents that result in property damage, injuries and death. The whole purpose of traffic citations and the resulting penalties is to make people more attentive when they drive. For you to ask the court not to punish your inattention and then cite inattention as your best and only defense will simply make the judge want to double the fine.

[Safety Steve]

I am new to this forum and this is my first post. I joined to forum to get advice. There is no need to be disrespectful. If can not provide me with help as to my problem, then do us both a favor and don't.

I have fixed the problem so I asking for suggestions as to what to say to the judge based on the facts. Thanks.

Sorry Bud, but you don't decide how your questions get answered! You come on a police website and ask how to get out of a ticket! Thats not gonna happen!


Be Safe.