Ticket - No Headlights - Had only HID 35W fogs ON, can i fight it? - FMVperformance.com : The site for all your Ford Mazda and Volvo needs
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post #1 of 37 (permalink) Old 07-29-2009, 02:47 AM Thread Starter
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Ticket - No Headlights - Had only HID 35W fogs ON, can i fight it?

This night at 9:10pm i was driving to a soccer field having my 35W HID 6000K lights on, my headlights were OFF. On the corner of the intersection i saw a police car at the red light. I made a right turn and immidiatly turned my headlights on. Knowing that my car is lowered, has rims, very clean, and shiny, cops always try to find a reason to pull me over. In the rear view mirror i saw a cop making a u-turn and right after me. The cruiser followed me for a mile than pulled me over. I sort of knew why they did it, because here at UF cops are picky about alot of things and have no life what so ever. Both officers approached me from both sides. On the drivers side was a female officer who did not start a conversation, and on my passengers side was a male officer. He asked me why they pulled me over, i sad i didnt. He asked why werent my headlights on? i responded that i didnt notice they werent. He asked how many turns does it take to turn your fogs? I said 1, then he asked how many turns to turn the headlights? i said 2. Than he mentioned, "I noticed you turned them on right after you made that turn." Basically lady did not say a word, took my license and registration and left to the cruiser. A male officer went to the front of my car to look at it, than approached my side and told me that i probably put lots of money into it!! Is it stock white pearl or custom painted? I replied it was stock, the hole car pretty much stock, keeping it clean and shiny "washed it 1.5 hours ago". Than i asked what makes you think i have put lots of money into it? "I felt a little offended cause i put way more time than money", he sort of noticed that and replied "I am giving you a compliment, i am a car guy, i like nice cars". I thanked him, than he went back to the cruiser. 10 minutes after a lady comes back with the citation of me not having my headlights on!! I asked her, is there a possibility you can give me a warning? She was quiet for a minute than replied, "You didnt have your headlights on," I asked her if my fogs weren't bright enough for the motorists to see me? She replied, "Sign here!", I did sign, no need to go to jail. Than she added "It is unsafe not having your headlights on, they need to be on at all times, so motorists can see you!", I was a little surprised, was not sure if she was slow or if she was like every other cop harrasing me because of how my car looks?

Anyways, what i dont understand is this:
1. If my fogs are brighter than Halogen bulb headlights, is it still illegal to have only HID fogs on?
2. I know u get a ticket for having NO lights or only side markers on, but did not see anything on the internet about anyone getting a ticket for NO HEADLIGHTS with bright FOGS?
if you know of anyone who had a similar story, please post it here.

Now, i do understand that my best bet is to pay it and do a traffic school, but i already did it twice, one was 2 years ago, and the other 4 years ago for an accident at which police officer found me at fault since the other person in the accident was a 17 y.o. female who started crying, freaking out, making a big deal about it, i guess cop felt really sorry for her and figure it it would be wise to blame a 18 y.o. male.
I can only do 5 traffic schools in my whole life time, and i have a long life in front of me, so using one would be smart but not wise.

I was thinking of going to court to reason out with a judge. Everyone on the internet who has gotten the same ticket claimed its better to pay and do traffic school. Well, their case was that most of them had "NO LIGHTS AT ALL". Does it mean that by me getting a ticket of this time "FOGS ARE NOT CONSIDERED LIGHTS?", at my position, would it be better for a police office to give me a warning to have my Headlights on as well? Or does it make him/her ignorant that I HAD SOME LIGHTS ON, and giving me a citations for no headlights on.

So, please, someone let me know if i have a good chance fighting this ticket in court if a cop shows up?
I have another option, paying a lawyer to take care of it and on the court date to show up to at the court when the lawyer will be fighting it? Most lawyers dismiss the ticket for $70, but after the case if closed i used to get $200-250 of court fees.

Please, let me know your suggestions.

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post #2 of 37 (permalink) Old 07-29-2009, 02:52 AM
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Re: Ticket - No Headlights - Had only HID 35W fogs ON, can i fight it?

I can't give you any specific advice for your situation but I will say you should look up what the specific laws are in your state so you are informed. At the very least fight the ticket and explain your case to the judge. Seems like a decent chance you could get the ticket reduced, if it's even a ticket that puts points on your license. If there are no points just pay the fine and move on.



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post #3 of 37 (permalink) Old 07-29-2009, 02:57 AM
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Re: Ticket - No Headlights - Had only HID 35W fogs ON, can i fight it?

In most states its illegal to run fogs unless its in a low visibility situation (foggy out). So you could be hit with two tickets. And just because they are brighter than headlights, doesnt make them replacements for headlights. Its not the brightness factor that make headlights needed over foglights. Its the PLACEMENT factor. This is the reason headlights are DOT approved and the cutoff is what it is. To not blind other drivers, to illuminate the road in accordance with the standard speedlimits, road widths and studys of how much of the road and shoulder should be illuminated.

Your fogs are not DOT approved, so there is the possibility for another ticket.
In a situation like this, YOU KNOW you were at fault, you consciously turned on only your FOG lights, then turned on your headlights when you saw the cop. If you thought it wasnt illegal, then you would have not turned your headlights on. Not knocking you, but we laws are in place and their penalties are set as reprecussions to keep us honest. When we dont abide by them, we know what will happen.


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post #4 of 37 (permalink) Old 07-29-2009, 02:58 AM Thread Starter
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Re: Ticket - No Headlights - Had only HID 35W fogs ON, can i fight it?

I have googled "Driving without headlights" and on some thread it was mentioned that this ticket has no points and it better to pay and move on, on the bottom of that thread some insurance agent that 1 point goes to your license and insurance increase, and its insurances rules.

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post #5 of 37 (permalink) Old 07-29-2009, 03:02 AM
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Re: Ticket - No Headlights - Had only HID 35W fogs ON, can i fight it?

Do you have to go to traffic school? I mean, I've only had to do that once to get a ticket reduced. Otherwise, I just pay it and go on my merry way. If its a no points ticket then I would say just pay it and call it quits. Life's easier that way.
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post #6 of 37 (permalink) Old 07-29-2009, 03:04 AM Thread Starter
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Re: Ticket - No Headlights - Had only HID 35W fogs ON, can i fight it?

[quote author=Eternal link=topic=151801.msg3252852#msg3252852 date=1248850674]
In most states its illegal to run fogs unless its in a low visibility situation (foggy out). So you could be hit with two tickets. And just because they are brighter than headlights, doesnt make them replacements for headlights. Its not the brightness factor that make headlights needed over foglights. Its the PLACEMENT factor. This is the reason headlights are DOT approved and the cutoff is what it is. To not blind other drivers, to illuminate the road in accordance with the standard speedlimits, road widths and studys of how much of the road and shoulder should be illuminated.

Your fogs are not DOT approved, so there is the possibility for another ticket.
In a situation like this, YOU KNOW you were at fault, you consciously turned on only your FOG lights, then turned on your headlights when you saw the cop. If you thought it wasnt illegal, then you would have not turned your headlights on. Not knocking you, but we laws are in place and their penalties are set as reprecussions to keep us honest. When we dont abide by them, we know what will happen.
[/quote]

A male police officer did mentioned that running only my fogs is only for looks, i explained my headlights a little misalligned and i thought it was unsafe to blind other drivers, he said "HAVE THEM ON ANYWAY"

I understand that i may get another ticket for that, so going to court would not be a wise decision?

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post #7 of 37 (permalink) Old 07-29-2009, 03:09 AM Thread Starter
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Re: Ticket - No Headlights - Had only HID 35W fogs ON, can i fight it?

[quote author=Naaman link=topic=151801.msg3252858#msg3252858 date=1248850944]
Do you have to go to traffic school? I mean, I've only had to do that once to get a ticket reduced. Otherwise, I just pay it and go on my merry way. If its a no points ticket then I would say just pay it and call it quits. Life's easier that way.
[/quote]

On the back side of the ticket there are options to do a traffic school, pay the fine, or appear in court. I was thinking of paying it if there are no points for that, but if there is than i will pay the price to my increased insurance! I need to make sure that it is no points ticket, that way i will just pay and not worry about it. Whats worries me is my previous message.

[quote author=naxxal link=topic=151801.msg3252853#msg3252853 date=1248850733]
I have googled "Driving without headlights" and on some thread it was mentioned that this ticket has no points and it better to pay and move on, on the bottom of that thread some insurance agent that 1 point goes to your license and insurance increase, and its insurances rules.
[/quote]

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post #8 of 37 (permalink) Old 07-29-2009, 03:10 AM
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Re: Ticket - No Headlights - Had only HID 35W fogs ON, can i fight it?

You can't fight that, you weren't driving with your headlights on, you admitted that, plain and simple. Foglights do not = headlights.

Even if it's only 1 point, 1 point shouldn't affect your insurance at all. It's when you get 2 or 3 points for one incident you can start having problems.

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post #9 of 37 (permalink) Old 07-29-2009, 03:13 AM Thread Starter
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Re: Ticket - No Headlights - Had only HID 35W fogs ON, can i fight it?

Yes, you are right smokinAMD, i was not sure about it. Thanks

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post #10 of 37 (permalink) Old 07-29-2009, 03:18 AM
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Re: Ticket - No Headlights - Had only HID 35W fogs ON, can i fight it?

You're in Florida, right?

Well I looked up the FL point system on your DMV site (http://www.flhsmv.gov/ddl/teendriv.html#points at the bottom of the page) and its a bit confusing. Seems you guys don't have any 1 point tickets. 3 is the minimum, and one of the categories is "moving violation" which is incredibly vague. I guess its a catch all for things they didn't want to list. You REALLY need to make sure your ticket isn't one of these and is in some other category. Otherwise, its 3 points to you and an insurance hike. I hope its a 0 point/pay a fine ticket.
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