OK last month I was pulled over for allegedly having my lights off and when I showed the officer my lights were on he put me in handcuffs for allegedly not obeying an officer's orders. I was cited for not having my lights on after dark and not obeying an officer(an infraction and a misdemeanor, respectively).

I received the courtesy notice in the mail yesterday, and the misdemeanor offense is not listed. The lights-off is the only violation on the notice.


My question at this point is if anyone with a Subaru equipped with daytime-running lights has been pulled over for not having their lights on after dark. And if so, how did you contest the ticket and what were the results? Also, does anyone know if the misdemeanor offense will be sent in a seperate notice to me?

Thanks in advance for the help, and fight the power.

 

I say, just go to court and fight it...bring your Owners Manual and show the judge. Just say you tried to explain to the cop....but he wouldnt listen.

I am sure they will dismiss it....

-freddie

 

Seems like a pretty easy case to show that your car has DRL's. Good luck.

 

I would not mess with a misdemenor offense with a lawyer unless you want to do some community service and pay a big fine or what not. Plus, it stays on your record for 7 year I believe. Get a lawyer and go to court if you actually get the misdermenor notice or whatever they call that. Usually they arrest you though, and you go through the night in jail, etc.

Oleg

 

DRL's probably won't get you out of the ticket. DRL only turns on the headlights, not the taillights or corners.

 

well really, he wasnt supposed to get that ticket, thats just what the cop thought up in his head, to cover up for pulling him over and harassing him.

-freddie

 

wasnt the sun still up when he pulled u over? what time does the ticket show?

 

Get a lawyer find out what the law can do for you ( if anything ).
Maybe check out http://www.highwayrobbery.net for info to see if they have anything that applys to your situation.
When you go to court, dress like you were applying for a job making $250K a year, shave any facial hair. This will help show that you are taking this seriously. I had to go to small claims court in SF for buying a car from a dip **** that sold me a lemon and wouldnt refund the money like he said he would ( I even brought a witness ).
I technically won the case but was only awarded $60 which was the cost to go to small claims court.
Also check out www.nolo.com for legal info.

 

Sorry to be a bit OT, but do you live on Joost St., bankman? I always see a WRB WRX with a 22b wing, and I figured from the location of the stop that you might live nearby. Just curious

 

I would definitely talk with a lawyer, it can't hurt. Does it say on the ticket or the police officer's report what lights were off. Because if it was the tail light, the DRL's won't matter. But if it is the front then you might have a case. Talk with a lawyer and find out what your next move is.

 

To fight the "lights not turned on ticket", DMV states that you must have your headlights on 30 minutes "after" sunset and 30 minutes before sunrise. According to the a US Almanac, sunsets in the San Francisco area has been in the 8:30PM range. So, if you're ticket doesn't state a time past 9:00PM, you're off the hook. Let me attach the website pages I got this info from. Good luck.

DMV webpage:
http://www.dmv.ca.gov/pubs/hdbk/pgs33thru41.htm

Online Almanac:
http://www.almanac.com/rise/index.php

-Soren

 

OK I'll try to respond to as many questions as possible:

I believe the misdemeanor charge was dropped (I was told by an interviewer at the Office of Citizen Complaints that this would be the most likely outcome) as it was not on the "courtesy notice" I received in the mail.

No I don't live on Joost street, but that is a funny coincidence as the stop sign on Joost @ Foerster is the one the officer did not stop for. And considering you know Joost street, you will know that Miraloma nursery school is at the corner of Joost and Foerster. Nothing like cops driving dangerously around children.

I have a black wagon. Hope no crooked cops are reading this.

I have not contacted a lawyer but will be going to the 850 Bryant courthouse tomorrow to find out what the formal charges are against me.

The official civil twilight was at 8:30 that night while sunset was at 9:01. The ticket was issued at 8:00, so legally the charges are not appropriate. As well, it was not dark at all on the street, regardless of the time of day.

For the court appearance, I am going to present the official twilight/sunset times, my owners manual, pictures of my car's lights in all stages of operation, and a copy of the statement I made in protest of the officer's actions at the OCC. I have been in court before (nothing serious I swear!) and will dress appropriately.

Thanks for the support and info, and enjoy the day

 

not trying to flame Bank, but there has to be more to this story than just "he told to turn on my lights, I told him they were on, the next thing I knew I was in handcuffs"
what the hell happened?

 

Good luck on everything! Definitely let us know the outcome.

Krinkov: If you read the original thread, you will know what happened.

 

Check out my original thread, it has the words 'sfpd harassment' in it.

A cop car ran a stop sign at Foerster st. @ Joost st. I was stopped at the opposite stop sign, and as the officer drove past me I leaned out of my car and told him "rolling stop". He flips a u-turn, pulls me over, asks me what I said and I told him that it looked dangerous and was a poor example to set from my perspective. I ask him why he pulled me over and he claims I had my lights off which was bull and I told him I could turn on the car and prove my lights were on. He tells me to display lights, I turn the car on and he claims I'm not obeying his orders so he handcuffs me and yells at me in the back of the cop car. Check out the other post for a better narrative but that's basically it, he was pissed that I told him he was driving dangerously and decided to prove a point that he's a police officer and I'm just a citizen. I have since filed a complaint with the Office of Citizen Complaints.