You Gotta be kidding me, Traffic Ticket. - Ford Powerstroke Diesel Forum
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post #1 of 15 Old 03-15-2012, 05:14 PM Thread Starter
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You Gotta be kidding me, Traffic Ticket.

Alright guys tell me if this seams fair and you think i have a chance to fight it in court. I've been working on this 2 month project of fixing all my rust on my truck so my truck bed has been at school for the past 2 months getting all new metal and painted. My truck has been at the shop getting the frame done, doors done, cab corners, everything rust free. So After the 2 month wait I drove my truck out to school (a 15 min drive) at 7:40am without the bed. I got pulled over by a sherrif and was given a ticket for not having tail lights. Note Im 17 I already have one moving violation under my belt. I explained to the duputy I was one my way to put my bed on and get my lights installed, but she just said "Oh, it only takes one time to get rearended" and I mention my that I had my third brake light, she ignored that.

So being a minor I have to go to court, and possibly face getting my license suspended againn for this. Does anyone believe I have a fair chance at fighting this. The violation she gave me says I only have to have 1 break light visable from 500ft away that illimunates when the brakes are applied. I used my arms for turn siginals, and It was day light out.And most importantly I WAS ON MY WAY to get my bed on!

Any input is appreciated, thank you.

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post #2 of 15 Old 03-15-2012, 05:19 PM
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Legally, doesn't matter if you were going next door, you were on the road.
I'd go look into the OH laws though. Like you said, one brake light has to be visible from at least 500ft away. The loophole (or lack there of) is the definition of a brake light. Is the third brake light legally defined as one?
Also, are arm signals legal for road also in a truck?
I'd just look into those in a lot of depth, come up with all of them, CITE THEM ALL, and go into court explaining the situation, what measures you took to do the best you could, and any laws that will help you out.



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post #3 of 15 Old 03-15-2012, 06:26 PM
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If the law states that you only need one working brake light, then go to court. Explain to them that you were driving your truck to the body shop to get the bed put back on, yet that you still had the 3rd brake light mounted to truck and it was operational, and that the law clearly states that you only need one visible light. Have a copy off the law with you.

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post #4 of 15 Old 03-15-2012, 06:37 PM Thread Starter
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Thanks guys, I just dont think it was worth her time writing me a ticket. Its the same if you had a headlight out and they gave you a ticket while you were on the way to the store to buy a new one and fix it. It's only an equipment violation so no points will be added if Im guilty.

4513.05 Tail lights and illumination of rear license plate.
(A) Every motor vehicle, trackless trolley, trailer, semitrailer, pole trailer, or vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail light mounted on the rear which, when lighted, shall emit a red light visible from a distance of five hundred feet to the rear, provided that in the case of a train of vehicles only the tail light on the rearmost vehicle need be visible from the distance specified.

Either a tail light or a separate light shall be so constructed and placed as to illuminate with a white light the rear registration plate, when such registration plate is required, and render it legible from a distance of fifty feet to the rear. Any tail light, together with any separate light for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlights or auxiliary driving lights are lighted, except where separate lighting systems are provided for trailers for the purpose of illuminating such registration plate.

(B) Whoever violates this section is guilty of a minor misdemeanor.

Amended by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 10/16/2009.

Effective Date: 01-01-2004

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post #5 of 15 Old 03-15-2012, 06:47 PM
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Well first off im in NC, I dont know OH laws but in most states thats a "fix it ticket" in other words if you get the bed on and whatever mechanical issues resolved before court most states will dismiss those tickets.

In this and most states those citations are the states way of making people comply with safety equipment laws, so once you comply they dont care.

Call your local DA's office and ask them if you get it fixed will they dismiss it.

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post #6 of 15 Old 03-15-2012, 06:51 PM
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Quote:
....at least one tail light mounted on the rear.....
Are you referring to the 3rd brakelight on the back of the cab? Sounds like a loophole to the loophole.

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post #7 of 15 Old 03-15-2012, 07:14 PM
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Any tail light, together with any separate light for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlights or auxiliary driving lights are lighted, except where separate lighting systems are provided for trailers for the purpose of illuminating such registration plate.
This might make the third brake light not an option if you choose to go to court to fight the issue. You may be better off proving a "fixed" date that is shortly after the ticket date and see if they will dismiss like said above.

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post #8 of 15 Old 03-15-2012, 07:17 PM
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Yeah here in VA it would be a "fix it ticket" that would be dismissed in court once proof was shown that the issue was fixed. Sounds like your state law only requires 1 tail light and your 3rd brake light is just that, so you might have 2 ways out of that ticket in court.
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post #9 of 15 Old 03-16-2012, 07:18 AM
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I have never paid attention, but does the third brake light stay on all the time, or only when the brakes are applied? If it's only when the brakes are applied then it is not a tail light wired to illuminate when the headlights are on.
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post #10 of 15 Old 03-16-2012, 04:22 PM
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Brake Light


A "third brake light" - also known as a CHMSL (Center High-Mounted Stop Light) does not illuminate all the time, much like a running light or tail lamp. It will only come on when your brake pedal is depressed. They've been required by law on all passenger cars since the 1986 model year, but it took several more years before they began appearing on light trucks.

If you had just one brake light - and it worked; then maybe the Ohio law could give you an "out" for having your citation dismissed. That being said, if you have the other two 'regular' tail/brake lights on your vehicle and they don't work, then it could be a violation in most jurisdictions - even if your "one" center brake light does work. You are probably going to be s*it out of luck if you have NO functioning tail lights and NO working turn signals on a vehicle that is supposed to have them (i.e., not an antique vehicle that never had them).

In VA, your equipment violation tickets will not normally cause you to have demerit points assessed to your DMV record. In many cases, a district court traffic judge will dismiss the summons in court if he sees that you corrected the alleged deficiency before the date of your hearing.

Good luck!!



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