What Headlights To Use At Night

Nether California Vehicle Code 24250 VC, it's unlawful for motorists in California to drive "during darkness" without headlights.

In that location are five important points to know nearly this code section.

The specific facts of a instance will determine whether a driver is driving "during darkness" and therefore needs to operate a vehicle with headlights. Some key factors include: time of day/night and visibility.
A driver that drives without headlights must pay a fine of $230.00.
A driver that violates Vehicle Code 24250 VC will also receive one point on his DMV driving record. A driver could potentially get a negligent operator license suspension if he receives a certain number of points in a specified amount of time (e.m., 4 points in 12 months, 6 points in 24 months or 8 points in 36 months).
In that location are legal defenses available to those drivers that violate Vehicle Code 24250 VC. It'due south in the commuter's best interests, though, to consult with an attorney before raising ane.
Drivers must not ignore California tickets for driving without headlights. If a driver ignores, or even forgets about, a traffic ticket in California, he may get charged with failure to appear, per California Vehicle Lawmaking 40508. Failure to appear, under California law, may be charged as a misdemeanor.

Our California car accident attorneys will highlight the post-obit in this commodity:

car driving at night with headlights off legal defense california

California Vehicle Code 24250 makes it unlawful in California for motorists to drive in the dark without headlights.

1. Vehicle Code 24250 VC – Driving in the dark without headlights is prohibited

California Vehicle Code 24250 makes it unlawful in California for motorists to drive in the dark without headlights.

The department states:

During darkness, a vehicle shall exist equipped with lighted lighting equipment as required for the vehicle by this chapter.¹

A question that sometimes arises when reading VC 24250 is: what does "during darkness" mean?

There is not ane solid answer as to how much darkness is required before a driver must employ his vehicle's headlights. The question for when exactly a commuter must plow on his machine's lights is a question of fact that volition depend on all the circumstances in a case.²

California courts though, have established some general rules that aid drivers follow the law. These are:

Headlights are required during certain times of the mean solar day/nighttime – "from a half hour later on sunset to a half hour earlier sunrise."ⁱⁱⁱ
Drivers must utilise headlights when the visibility is poor, and objects are non clearly seen.⁴
There is no directive as to what altitude must be lit upwards in front end of a moving vehicle.^v

Courts have also stated that Vehicle Code 24250 applies to drivers of motorcycles.⁶ Thus, motorcycle drivers, too as drivers of vehicles, must use their headlights "during darkness."

Note also that failing to dim high beams is besides an infraction under Vehicle Code 24409 VC.

2. The penalties for driving in the dark without headlights

A driver volition receive two penalties for violating Vehicle Code 24250. These are:

A fine; and,
Points on the motorist's California Land driving tape.

2.i Fine

A driver that drives without headlights will receive a ticket and he must pay a corresponding fine.

The fine for driving without headlights is approximately $230.00.⁷

2.2 Points on the motorist'southward DMV driving record

Motorists that drive in California and violate Vehicle Code 24250 VC will receive one betoken on their DMV driving record.^⁸ This is non a adept thing. Points put on a driver's record are ultimately reported to a driver's insurance carrier. The result is typically an increase in the motorist's insurance rates for several years.

A problem also occurs when points accumulate, or, when a driver receives multiple points on his driving record. If a driver in California accumulates a certain number of points within a 1-,2- or 3-year menses, the DMV tin declare that person a negligent driver. If this happens, the DMV can either suspend or revoke a motorist'due south driving privileges.

Please note, however, that either of these deportment will require a California DMV hearing.

california driving without headlights traffic ticket legal defenses

A commuter that receives a ticket for driving without headlights tin can e'er challenge the ticket.

three. Legal defenses if a commuter violates VC 24250

A driver that receives a ticket for driving without headlights tin always claiming the ticket. This means he tin can heighten a legal defence to contest the ticket and say he wasn't guilty. Yet, if this is washed, it's all-time for the motorist to proceeds the assist of an attorney.

3.one Mutual defenses for driving without headlights

There are two mutual defenses for violating Vehicle Code 24250. These are:

The driver failed to employ headlights because of an emergency.
There was sufficient light so that headlights were not necessary.

This second defense relates back to the phrase "during darkness" that is found in the language of VC 24250. Drivers raising this defense would desire to show that, given all the facts surrounding their example, at that place was sufficient lite and visibility making headlights needless.

3.2 Contact a lawyer for help

Drivers can represent themselves when challenging California traffic tickets. Notwithstanding, it's in the driver'due south all-time interests to contact a California attorney for help in beating them.

In that location are three main reasons why lawyers are necessary when challenging a ticket. These include:

Prosecutors typically offer better deals to defendants with lawyers.
Defense attorneys know how to get accuse reductions and

dismissals.

3. If a defendant has an attorney, the defendant does not have to get to courtroom. The

accused'southward lawyer can continue his behalf.

empty traffic school classroom california legal defense driving without headlights

Drivers that violate VC 24250 exercise not accept to attend traffic school.

4. Violation of Vehicle Code 24250 VC and traffic schoolhouse

Drivers that violate VC 24250 practice not have to nourish traffic schoolhouse.

Drivers that drive without headlights, however, can voluntarily cull to do so. This is provided they encounter three requirements. These are:

The driver has a valid driver'south license;
The offense occurred while the driver was driving a noncommercial vehicle; and,
The ticket is for an infraction that is a moving violation.

If a commuter chooses to attend traffic school, he must still pay his fine.⁹ However, the driver generally should non get whatsoever points on his driving record if he completes the schoolhouse.¹⁰

5. Driving without headlights and criminal charges

Criminal charges do not get filed if a person violates Vehicle Code 24250 VC. This is because information technology's not a offense if a motorist drives without headlights in California.

Violations of VC 24250 are infractions under California police force. Violators are not subject to incarceration.

half dozen. Ignoring a ticket for violating VC 24250

Drivers should not ignore – or even forget virtually – a ticket for driving without headlights. 2 things happen if this occurs. These are:

The driver violates a new law, California Vehicle Code 40508 VC, for the failure to appear in court on a traffic commendation; and,
The commuter may receive penalties for violating VC 40508.

6.1 Violation of Vehicle Lawmaking 40508 VC

Upon receiving a traffic ticket in California, the offender is obligated to sign a written promise to announced in court. The driver promises to announced in court at a sure time and place (provided that he does not have an attorney – please come across 3.2 to a higher place).

If the driver willfully fails to appear equally promised, he violates Vehicle Code 40508 VC.¹¹ The driver willfully fails to appear when he is willingly a no-show. Information technology is not a defense if the driver did non intend to break the police.¹²

It likewise does not matter whether the offending driver is guilty or innocent of the underlying traffic citation.¹³ He violates Vehicle Code 40508 only past breaking a hope to:

Appear in court,
Appear to pay bond,
Pay bail in installments,
Pay a fine within the fourth dimension authorized, or
Comply with any condition of the court.^fourteen

6.2 Penalties for violating VC 40508

Violation of Vehicle Code 40508 VC is a misdemeanor. The penalties are:

Up to 6 months in canton jail, and/or
A fine of up to $1,000.^xv

7. Outcome of driving without headlights on a personal injury lawsuit?

A commuter that violates VC 24250 may cause – or get involved in – an blow with another motorist. If the motorist afterwards files a personal injury lawsuit confronting the driver, the driver may exist plant "negligent."

California police defines "negligence" as the failure to apply reasonable care to prevent damage to oneself or to others. Regarding auto accidents, negligent drivers are at fault for the accident and may have to pay for any damages caused.

Proving negligence in a personal injury case can sometimes be difficult. In California though, a driver is considered "negligent per se" if he violates a statute.

Negligence "per se" is a legal theory in which negligence is presumed based upon a defendant'southward violation of a statute or ordinance

This means a commuter would be negligent per se if driving a vehicle in the dark without using headlights because he would exist in violation of VC 24250.

Please note, however, that fifty-fifty if a driver is negligent per se, the driver may still be able to recover for any damages he incurs. This is because of California'due south comparative fault laws.

8. Laws related to Vehicle Code 24250 VC

There are three laws related to VC 24250. These include:

California'south laws on driving under the influence;
Tailgating in California; and,
California's police force on driving on the wrong side of the road.

8.i California's laws on driving under the influence

A driver in California may fail to use headlights when driving in the night because he is driving under the influence. If and so, the commuter will be charged with both driving without headlights and driving under the influence (DUI).

DUI is against the law in California. It's against the law to:

Bulldoze nether the influence of alcohol; and/or,
Drive under the influence of drugs.

The penalties for a California DUI can grow quite severe. For this reason, motorists charged with a DUI must consult with a California DUI chaser.

Legal defenses to a California DUI charge practise exist. However, a California DUI lawyer is necessary to raise the correct one on a driver's behalf.

8.ii Tailgating (following too closely) in California

It's unlawful for drivers in California to tailgate, or follow too closely.

California Vehicle Lawmaking 21703 VC states:

The commuter of a motor vehicle shall not follow some other vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.¹⁶

Thus, drivers are tailgating if they are following more closely than what is reasonable and prudent. The decision of what is, or is not, reasonable and prudent depends on all the circumstances of a given case.¹⁷ The conditions highlighted in VC 21703 (i.e., the speed of the vehicles, traffic, and conditions of the roadway) are simply just a few circumstances courts consider.

California courts wait to several other factors to help determine whether a driver is following as well closely. These include the:

Alacrity of the following driver
Braking efficiency of the vehicles
Distance between the vehicles
Suddenness of a vehicle stopping
Direction the lead machine was traveling¹⁸

Drivers that tailgate on a California roadway volition receive:

A fine of $238; and,
One point assessed to the driver'southward DMV driving record.^¹⁹

8.3 California's law on driving on the wrong side of the road

It's against the constabulary in California for drivers to drive on the wrong side of the route.

California Vehicle Code Department 21651 describes how traffic should menstruation on California's divided public roads.^{^xx}

Co-ordinate to Vehicle Code 21651 (b):

It is unlawful to drive whatsoever vehicle upon a highway, except to the right of an intermittent barrier or a dividing section which separates two or more opposing lanes of traffic.^²¹

Given this language, all vehicles on California's highways must drive to the right of a barrier or dividing section. Or, they must bulldoze on the right side of the road.

Driving to the left of a barrier is driving on the left side of the road; and, this is driving on the wrong side of the road.

Driving on the wrong side of the road is a "wobbler" under California police. A "wobbler" is a crime that can be punished as either a misdemeanor or a felony.

Whether a violation of VC 21651 (b) results in a misdemeanor or felony depends on whether anyone was hurt or killed considering of the violation.

A motorist guilty of driving on the wrong side of the route will too receive points on his driving record.

For additional help…

California driving without headlights defense attorneys' receptionists

If you or someone y'all know has been cited for violating VC 24250, or has been injured in an accident in California, we invite you to contact united states of america for a free consultation.

Cited in Nevada? See our article on fighting Nevada tickets for failing to use headlights (NRS 484D.100).

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