Re: so I got pulled over this evening . . . (scitekmike)
quote:[HR][/HR]So, in your state, I wouldn't legally have to have the headlamps on until aprox 7 according to the above? I just want to make sure I understand you correctly.[HR][/HR]
In my state, you are correct. But according to your next post...
quote:[HR][/HR]—"Colorado law requires you to drive with your headlights on from sunset to sunrist or when visibility is less than 1000 feet."
Do you think I have an argument here? Sunset was at 6.27, he pulled me over just before 6.25 and wrote the ticket at 6.40, when I was stopped there was plenty of light for a visibility beyond 1000 feet.[HR][/HR]
Look at the specific statute in question. Sometimes the Drivers' Handbooks have erroneous information in them. I had a case where I arrested a kid for DUI after I stopped him late at night for having his high beams on while approaching me, and not dimming them. His attorney brought in the TN Drivers' Handbook and quoted where it said that it is a "courtesy" to dim headlights upon approaching other motorists, and asked that the entire case be thrown out based on lack of probable cause to stop him in the first place. I showed the judge the specific statue, where is stated that drivers
must dim their bright lights within 1500 feet of approaching traffic. The attorney dropped the defense and plead guilty because the statue overrides the handbook. In your case, the law may be more specific, and it may even be in your favor.
Another thing to consider in your case: if you argue times, and the only time on the citation is 6:40, the trooper could argue that
that was the time he pulled you over. Then you would have to subpoena radio records and log sheet records to see when he stopped you, which is a total PITA. And it probably wouldn't help you, because most troopers and large city cops don't check out on the radio or even write down on their activity sheet when they are on traffic stops, because it causes too much radio clutter and too much paperwork.
So, subjectivity may get you, unless there is a videotape of the stop, which would have the time of day on it, and show how the visibility was
