You can fight it!

Unreal - sounds they are hurting for money!

Thanks,Matt

 

Cops CAN WRITE a ticket for anything! It is up to you to present a salient case in your defense.

I got a ticket once for riding "an unlicensed vehicle on an unimproved surface" - a.k.a. a dirt bike on the dirt. The cop didn't like the wheelie I was doing at the time.

The case was bounced out of court but I have it framed to remind me. The judge got a laugh out of it and asked me to be patient with "new officers".

 

We have the same law here in Illinois. You have to wonder at times what our legislators are thinking when they pass these laws.

 

So what is the point of daytime running lights?

 

I'm not blaming the LEO for puling me over. I don't even mind the $75. It's the points that suck. I can say without a doubt that the "headlights" will be on from know on. Would have been nice if he said you know the DRL's just aren't good enough, hit the switch cause next time it's going to cost you. I've only had the car for about a month. My C-4 I have the lights on all the time. Same with my Truck but they were automatic. To be honest the DRL I thought was cool and never really checked to see what lights came on. Just at night it looked cool. I know the judge and don't expect him to toss it out or chew the Deputy or anything. Just would like to get clarification as the officer wasn't sure if I had the driving lights on if the would have been ok or not. And I did ask as people drove by "what about them". Dumb as it is I did it. And the ticket is a hand written one and not very readable. When I went to the court they wouldn't take the money because they couldn't read it and had to wait for the deputy to turn his copy in. The highway patrol uses a printer in there car. So they are going to notify me via mail to let me know for sure how much and court date. I will take the $75 and plead for mercy on the points...

 

looks like 4140.100 NOC but not really readable. He marked NRS but left the blocks empty. He also marked County Code. It also shows weather condition clear, road condition dry and traffic light.

I'm sure that everyone going by said to them selves he must have been hauling *** in that nice white corvette, as they went by with there lights off... If they only knew

 

I can attest to this. When I was 13 I got a ticket for riding double on a ten-speed bicycle. My friend was standing on the rear axle bolts as we were cruising down the street.

That was the only time I've ever seen a judge rip a cop up and down in court for wasting his time.

 

As has been suggested, I would certainly at least make the effort to request a DSC. It can't hurt and if it's worth it to keep the points off then.....

 

I agree with the OP,..........the stop and the fine are nothing. The points are what kill you long term, especially with a CDL.

You are technically guilty because the pop ups are the true "lights" and I am sure the officer will make a point of it. The DRLs are amber and not as bright but are in fact lights. I would look very carefully at the language of the law that was violated. You may be able to argue that DLR to meet the spirit of the law and your ticket should be thrown out.

I would take pictures of your lights on at the same time and conditions in which the ticket was written. Make sure you line up the camera with the DLRs to get the strongest light beam line to the camera. I would also look at GM literature on DLRs and their stated purpose. You may find a nice nugget of information that will help in court. Remember to be very courteous and follow all instructions by the judge to the letter.

If you are found guilty, you may be able to ask for driving school to have the ticket dropped from your record.......but you will most likely have to pay the fine and a charge for the class (usually 6 to 8 hours on a Saturday).

 

You can now attend "driving school" online while sitting in your underwear and drinking a few beers. Modern technology is great.

 

Find a traffic lawyer.
Pay the fine and no points.
Lesson learned

USAF

 

He has never seen a corvette from nearby, this was apparently his chance

ACAB

 

If there were signs that said to use headlights you're screwed. If not then you can beat this. Not sure why they require headlights on that stretch of road. Maybe someone can tell us. Saying you have to turn them on doesn't do it for me unless there's a reason for it.

 

Again I will say it. They are for SAFETY REASONS.

 

Are u sure u wasent in a construction or one of the safe zones that they have where u have to have your headlights on? I also have been in law enforcement and also a otr truck driver soo I can see one of these two things that he could have pulled u over for. Good luck on this

 

What's the SAFETY REASON? Saying safety reasons is like dad saying, because I told you so.

 

There is definitely sections of roads in many states where headlights are required,....my question would be is it a primary offense and worthy of a pull over ? Apparently so.......but the police officer is splitting hairs with DRLs and maybe the judge will agree. Perhaps pay 150.00 and go see a lawyer for a consultation on what is and what is not primary in your state and find out your best options for taking care of this little infraction.

I know in some states driving while talking on a non hands free phone is illegal but a secondary offense where they can not pull you over for without other violations in play. Non wearing of seat belts used to be a secondary offense, now it is primary almost everywhere.

So wear your seat belt, get a hands free phone and turn your lights on.

 

OK I found it. Just google 'Motor Vehicle Laws - Nevada'
At the very bottom click Search NRS
Enter 484D.100
First one up should be Equipment
Follow the link

In brief,
(a) 1/2 hour after sunset to 1/2 hour before sunrise
(b) because of insufficient light or conditions at a distance of 1,000 ft ahead
(c) when directed by official traffic control devise

**but read it in full context**

From your reply that leaves out (b) above. If (a) is N/A that leaves only (c). Was there a sign?

Decide if U want to pay up (guilty) or if U want to take a shot at Not Guilty. There's also the plea of nole contendere,
which is a plea that does not admit guilt but allows punishment as though guilty. You hope for PBJ...Probation Before Judgement i.e. court costs; no points



If your court plea is Not Guilty:
Always plea NG if an officer fails to show for trial and no request for postponement is made & honored by the state.
If the officer shows for trial, he presents the states case and U get to Q him at end:
Ask him testify to where that sign/device was in relation to the stop. Ask him if a traffic control device is defined by NV M/V law (provided he charged with the word device & provided it's not in fact defined which is easy to verify)

Cover/review (a) (b) (c) with the officer in brief by asking Q's only.


If the Judge did not/does not accept applicable amendments by the state to the ticket...
When officer is off the stand and it's your turn, tell the judge:

Insufficient charging document (if your ticket/citation reads NRS 4140.100, 0 after 4 instead of D)
there's no statute in NV with 4140.100

Insufficient charging document (if written charge does not match the statute # cited)

Insufficient charging document (if the charge on the citation is not reasonably legible) (then show your copy to the judge)

(long shot)
If, and only if, the ticket written charge includes the word device & if in fact there is no definition for traffic control device in NV traffic law, then tell the judge the word device has no meaning in NV traffic law because it is not defined in NV traffic law.
Therefore the charging document is insufficient.

(note: I found traffic control signal defined in NV traffic law but not any traffic control device)


The goal here is not to come across as a chit house lawyer but to exercise your right to a trial. You have appeal rights too. Come back to this thread & let us know the final outcome

 

Tonopatch, NV, you've got more LEOs in that town than there are in the rest of the state, between sheriffs and HP. About every one I've ever dealt with was a total a-hole. I lived right outside of Tonopatch and have traveled all the roads in and out of there for twenty+ years. Got a fix-it ticket once for no front plate just outside of the Patch and a big fine for "Mountain Driving" out of Austin on Hwy 50. I can spot a vette a mile away just because of the DRLs. I've got clear corners on mine with LED Flashbacks and LEDs in the fogs also. When I'm passing through a "lights on" area I just hit the fogs and the clears and head on through. There's a lot of light coming out of the front of mine. There are many, many daytime headlight zones up here on the North Coast. Haven't had a problem, so far. I am very happy about being way far away from Tonopatch, however.

 

The officer WILL give his testimony first. The state has to present their case "in chief". It's the responsibility of the state to provide evidence against the accused person "beyond a reasonable doubt". It's the defendant that doesn't have to say anything.....the defendant is assumed to be innocent until proved guilty in court.