I got ticket for "not having lights on" while using wipers..i have auto running lights..can i plead not guilty

Question

Was driving....i used wipers...cop turned around pulled me over.he told me i had to have lights on while using wipers..told him i had auto running lights..and he said "well i didnt see them" and he gave ticket anyways...is this fair?...can i plead not guilty and tell the judge i have AUTOMATIC LIGHTS!!?

Answer 1

Why would you be required to have your headlights on just because you were using your wipers. I could see a violation if it were night but if this happened during daytime it makes absolutely no sense.

Answer 2

Running lights are not as bright as the law requires when using wipers.  When using wipers you are required to use all the exterior lights except the high beams, same as at night.

Answer 3

You still need proof that your auto lights were on, the bulbs may have burnt out or malfunctioned.

I know, lame, what an jerk cop. Just pay the ticket, cuz you have no proof.

Answer 4

You'll need a statement from a mechanic that your daytime running lights are working and are in good repair and that there are no observable problems with the lights, that they are on as soon as the car is started, that the operator cannot turn off these lights at all.  The statement would preferably come from a dealership that sells your make vs an independent auto mechanic, and be on dealership letterhead.  You may have to pay a bit for this but if the car is newer you can try to go to the dealership where you purchased the car, they should do it for free.  Any promotional literature on your car can help too, provided the brochures talk about the safety feature that is has - daytime running lights.

Take the statement and bring the original w/you to your hearing (request a hearing in person when you answer your ticket).  Make a few copies, just in case you need them.  Present it to the hearing officer/judge/administrator and explain that the cop said that he "didn't notice that the lights were on"), how it is impossible for them not to be on when the engine is running (that they are automatically turned on w/o driver input), etc.  The dealership's statement should be sufficient proof that your lights were on and your ticket (and any related fine and points against your license) will be dismissed.  You can also hope that the cop who wrote the ticket will be too busy to appear in court to present his side,  that helps your case.

Answer 5

Just because your wipers are on doesn't mean your headlights are on, particularly during daylight hours!

Answer 6

If you mean you have automatic headlights, you may have a case.

If you mean that your parking lights are on all the time, you probably don't. The law is intended to improve visibility of cars during bad weather, and parking lights are not much help during the day.

Answer 7

you can try, but you better go into court with proof that your car has them, and if they do not work, get them fixed and have proof with you in  court. that way it would be considered faulty equiptment and should be dismissed.

Answer 8

Of course.  If your lights where on.

Answer 9

The automatic lights are turned on by the outside light conditions.  If it starts to rain in daylight conditions - the automatic lights will not turn on.  You will know if your lights turned on b/c the dash lights will come on.  If they don't come on themselves - You will have to turn them on yourself.  

Sorry...but automatic lights is not a defense.

(I've got auto lights too).

Answer 10

If you are sure the automatic lights were on along with the wipers, I would fight it.  keep in mind that because they are automatic does not necessarily mean they were on and working.  If they were not, you are still responsible

Answer 11

No.  You obviously live in a state (like Illinois) that has in the law that headlights must be on if windshield wipers are required.  Automatic lights don't count, nor do daytime running lights.  HEADLIGHTS (intentional emphasis) must be on with the wipers.

Of course you can plead not guilty, and once your date for trial comes up, tell the judge you have automatic lights, and he will quote the same law I just did, find you guilty, and fine you anyway.

I just happen to have CA law on the subject handy.  Want to see it?

Headlamps on Motor Vehicles

24400.  (a) A motor vehicle, other than a motorcycle, shall be:

(1) Equipped with at least two headlamps, with at least one on each side of the front of the vehicle, and, except as to vehicles registered prior to January 1, 1930, they shall be located directly above or in advance of the front axle of the vehicle. The headlamps and every light source in any headlamp unit shall be located at a height of not more than 54 inches nor less than 22 inches.

(2) Operated during darkness, or inclement weather, or both, with at least two lighted headlamps that comply with paragraph (1).

(b) As used in paragraph (2) of subdivision (a), “inclement weather” is a weather condition that is either of the following:

(1) A condition that prevents a driver of a motor vehicle from clearly discerning a person or another motor vehicle on the highway from a distance of 1,000 feet.

(2) A condition requiring the windshield wipers to be in continuous use due to rain, mist, snow, fog, or other precipitation or atmospheric moisture.

Added Sec. 2, Ch. 415, Stats. 2004. Effective January 1, 2005. Operative July 1, 2005.

Amended Sec. 9, Ch. 311, Stats. 2006. Effective January 1, 2007.

Answer 12

Yes, you can say not guilty........that's why you have to go

to court to contest the violation.

It's up to the judge if he decides on your favor or

the cop's favor

Answer 13

I'd fight it, newer cars have lights all the time, its the law, the judge will know

Answer 14

I have daytime running lights on my car too, they are just as obvious as turning on the regular headlights. There is very little difference between the two, except maybe a bit more brightness and the ability to turn on your brights. It sounds like either the police officer was blind or your lights weren't working. I'm sure you've checked them, so I'd say you have a pretty good case. Daytime automatic lights should have been enough. Bad cop. No donut.