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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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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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