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  #41  
Old 12-29-2005, 03:20 PM
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Default Re: traffic ticket, need advice, improper use of headlights

I wasn't referring to obstruction of justice, I was ignoring that part since I figured it was irrelevant. I was just trying to say it's a simple traffic infraction, go to court, plead 'not guilty' and get it reduced for whatever reason OP can come up with. The best excuse, it was OP first infraction.
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  #42  
Old 12-29-2005, 03:30 PM
kipin kipin is offline
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Join Date: May 2004
Location: Northern, VA
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Default Re: traffic ticket, need advice, improper use of headlights

Apparently flashing your lights is against the law in many states but if you turn your lights off and on, this is legal. You can then plead ignorance. (Look it up, I have only heard of this, never researched it)

The More You Know.
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  #43  
Old 12-29-2005, 03:33 PM
HopeydaFish HopeydaFish is offline
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Posts: 151
Default Re: traffic ticket, need advice, improper use of headlights

[ QUOTE ]
Apparently flashing your lights is against the law in many states but if you turn your lights off and on, this is legal. You can then plead ignorance. (Look it up, I have only heard of this, never researched it)

The More You Know.

[/ QUOTE ]

Ignorance of the law is not a valid defence. However, it can be seen as a mitigating factor and lessen the penalty.
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  #44  
Old 12-29-2005, 04:07 PM
MrMon MrMon is offline
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Join Date: Nov 2004
Location: St. Louis, MO
Posts: 135
Default Re: traffic ticket, need advice, improper use of headlights

Warning another driver of a potentially hazardous situation is a legitimate defense, even if you were violating the law. Don't know how much proof it would require, but the statement the cop made about the reason you were pulled over would show it was a retalitory move, not because you were causing an actual hazardous situation. I believe the law is intended for those who run with their brights on, not those who flash them. Turning off your lights would seem to be much more hazardous.

If you can get the cop on the stand, ask him how he would advise you warn another driver of a potentially hazardous situation. And IIRC, don't cops routinely flash their lights at you when they want you to pull over and it's not clear who they're after?
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  #45  
Old 12-29-2005, 04:17 PM
Lloyd Lloyd is offline
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Join Date: Aug 2004
Location: San Francisco
Posts: 412
Default Re: traffic ticket, need advice, improper use of headlights

[ QUOTE ]
Apparently flashing your lights is against the law in many states but if you turn your lights off and on, this is legal. You can then plead ignorance. (Look it up, I have only heard of this, never researched it)

The More You Know.

[/ QUOTE ]
If you are suggesting that turning off your lights during the evening hours, even if for just a moment, is legal you are certainly mistaken in California. You are required to have them on at all times during evening hours. There is no allowance for even briefly turning them off. Of course, it would be an incredibly petty ticket but so is writing someone for briefly flashing their brights.
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  #46  
Old 12-29-2005, 04:46 PM
shadow29 shadow29 is offline
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Join Date: Jun 2004
Location: ATL
Posts: 178
Default Re: traffic ticket, need advice, improper use of headlights

[ QUOTE ]
Warning another driver of a potentially hazardous situation is a legitimate defense, even if you were violating the law. Don't know how much proof it would require, but the statement the cop made about the reason you were pulled over would show it was a retalitory move, not because you were causing an actual hazardous situation. I believe the law is intended for those who run with their brights on, not those who flash them. Turning off your lights would seem to be much more hazardous.

If you can get the cop on the stand, ask him how he would advise you warn another driver of a potentially hazardous situation. And IIRC, don't cops routinely flash their lights at you when they want you to pull over and it's not clear who they're after?

[/ QUOTE ]

Also, if you get the cop on the stand, be sure to ask him what you told him regarding the deer or whatever.

I would file a motion of discovery to get the video tape of the stop.
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