Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only. | | |
11-18-2012, 03:04 AM
|
#1 | 14 dolla balla aint got nothing on me!
Join Date: May 2005 Location: Vancouver
Posts: 675
Thanked 1,859 Times in 254 Posts
| Drive without lighted lamp
Hi, just wondering if I could request to get the footage from the Police car dash cam as evidence for my defense in court. Diagrams here
I was waiting at the red light southbound on Granville & W12 (Blue box on top diagram on map) Cop car (red box)saw me at the stop light and waited for me.
After the light turned green, I was pulled over immediately after crossing the intersection. (2nd diagram on map)
The officer asked if I had anything to drink then got my license and returned to the car. At this point I shut off the engine and turned off all the lights and waited. The officer returned with a ticket for driving without light lamps.
I told him I had my lights on the whole time coming from Squamish cruise and returning home. He went to the front of my car and said the lamps are off. Am I require to leave lights on when I am pulled over on the side of the road? Hope the video tape on the police cruiser can give me a hand since I am certain my lamps are on, passed several police cruisers and road block on lions gate with no issue. Does this carry any penalty points? (4.01 Drive without lighted lamp MVA) PS: Worse case scenario in court, if I cant provide evidence and the officer also have no evidence that I had my lights off; how will it proceed? I am guessing its probably the officers word against mine which will most likely means I'll lose?
Update: Ticket was thrown out, details on Page 2
Last edited by JoshuaWong; 04-25-2014 at 09:38 AM.
|
| |
11-18-2012, 03:30 AM
|
#2 | My AFC gave me an ABS CEL code of LOL while at WOT!
Join Date: Sep 2011 Location: RevScene.net
Posts: 1,889
Thanked 1,284 Times in 420 Posts
|
Wow, that sucks
I thought if you're pulled over, they WANT you to shut off your engine?
|
| |
11-18-2012, 04:23 AM
|
#3 | Where's my RS Christmas Lobster?!
Join Date: Jan 2011 Location: Langley BC
Posts: 865
Thanked 336 Times in 109 Posts
|
Honestly not a clue, but if that is what truly happened then it sucks. good luck with taking action against the ticket
|
| |
11-18-2012, 10:17 PM
|
#4 | Rs has made me the woman i am today!
Join Date: Jun 2006 Location: Burnaby
Posts: 4,020
Thanked 6,687 Times in 1,624 Posts
|
Why do you think he pulled you over initially?
You can argue that since you were pulled over, you weren't driving, and had your lights off.
I'm sure if you request the officer or his brance for the tapes as evidence. I think the procedure is to request it a few times, by mail and in person, and document it every time you request it.
|
| |
11-19-2012, 03:37 AM
|
#5 | 14 dolla balla aint got nothing on me!
Join Date: May 2005 Location: Vancouver
Posts: 675
Thanked 1,859 Times in 254 Posts
| Quote:
Originally Posted by inv4zn Why do you think he pulled you over initially?
You can argue that since you were pulled over, you weren't driving, and had your lights off.
I'm sure if you request the officer or his brance for the tapes as evidence. I think the procedure is to request it a few times, by mail and in person, and document it every time you request it. | Honestly, I believe I was singled out among the group of taxis. I wasn't speeding at all, was coming to a stop going uphill so he only saw me pulled to a gentle stop waiting at the stop light. I guess a black FR-S within a group of yellow taxi is bit too eye catching |
| |
11-19-2012, 07:10 AM
|
#6 | RS Peace Officer
Join Date: Feb 2007 Location: Vancouver Islan
Posts: 3,867
Thanked 1,636 Times in 683 Posts
|
In response to your question..
Hours prescribed for lighted lamps
4.01 A person who drives or operates a vehicle on a highway must illuminate the lamps required by this Division
(a) from 1/2 hour after sunset to 1/2 hour before sunrise, and
(b) at any other time when, due to insufficient light or unfavourable atmospheric conditions, objects on the highway are not clearly discernible at a distance of 150 m.
[en. B.C. Reg. 476/98, s. 2.]
No points for a VT issued under the Regs.
|
| |
11-19-2012, 09:58 AM
|
#7 | Banned By Establishment
Join Date: Dec 2003 Location: New West
Posts: 3,998
Thanked 2,982 Times in 1,135 Posts
|
What else were you ticketed for?
|
| |
11-19-2012, 10:59 AM
|
#8 | RS.net, where our google ads make absolutely no sense!
Join Date: Apr 2001 Location: Van
Posts: 930
Thanked 53 Times in 30 Posts
|
Your car got Daytime running light, right? tell the judge there are no way you can drive without a head lamp unless your engine is off, like in this case because you got pull over.
|
| |
11-19-2012, 11:50 AM
|
#9 | I Will not Admit my Addiction to RS
Join Date: Sep 2006 Location: 604
Posts: 594
Thanked 513 Times in 148 Posts
|
He probably has to meet his quota for the day/night. What a dick for pulling that on you.
Not sure if the FR-S does this, but I know that if you engage the e brake while your DRL is on in a Subaru, the DRL will turn off.
|
| |
11-19-2012, 11:55 AM
|
#10 | Rs has made me the woman i am today!
Join Date: Jun 2006 Location: Burnaby
Posts: 4,020
Thanked 6,687 Times in 1,624 Posts
|
^Hondas do that too, but I think the ticket is for driving without lights, while he was stopped at the intersection, so the DRL thing may work well
|
| |
11-19-2012, 12:01 PM
|
#11 | 14 dolla balla aint got nothing on me!
Join Date: May 2005 Location: Vancouver
Posts: 675
Thanked 1,859 Times in 254 Posts
| Quote:
Originally Posted by jjson He probably has to meet his quota for the day/night. What a dick for pulling that on you.
Not sure if the FR-S does this, but I know that if you engage the e brake while your DRL is on in a Subaru, the DRL will turn off. | It does do that indeed, but I did not have my e brake on during the intersection nor was it in Park
There was no other charges on the VT, only drive without lighted lamps.
|
| |
11-19-2012, 12:05 PM
|
#12 | I don't get it
Join Date: Apr 2011 Location: Surrey
Posts: 433
Thanked 132 Times in 48 Posts
|
It's like me gettin a speeding ticket for
Driving 61 in 50 zone... While I understand clearly yes technically I was speeding, but I was just going with the traffic... Another dick move by the cops Posted via RS Mobile |
| |
11-19-2012, 12:25 PM
|
#13 | WUB WUB WUB WUB WUB
Join Date: Oct 2007 Location: Surrey
Posts: 7,741
Thanked 6,994 Times in 1,884 Posts
|
Tell the judge that you wanted to be more environmentally friendly and didn't want to leave your car idling so you shut it off
__________________ FEEDBACK (9-0-0) SPOTTED Quote:
Originally Posted by slowguy fuck you hipster | Quote:
Originally Posted by trollguy then fuck you hipster akinari | Quote:
[23-05, 11:34] FastAnna suck a dick ygay
| |
| |
11-19-2012, 12:38 PM
|
#14 | I Will not Admit my Addiction to RS
Join Date: Sep 2006 Location: 604
Posts: 594
Thanked 513 Times in 148 Posts
| Quote:
Originally Posted by JoshuaWong PS: Worse case scenario in court, if I cant provide evidence and the officer also have no evidence that I had my lights off; how will it proceed? I am guessing its probably the officers word against mine which will most likely means I'll lose? | If the officer have no evidence that you had your head lamps off, it'll most likely mean you are off the charge.
This has happened to me before with a VT, I went to go dispute it for the allegation (Took over a year before I was given a court date). On the day of the hearing, the officer showed up and told me he had lost the file for my case and just told me to say whatever I wanted to the judge. It took long, but I was off the charges.
|
| |
11-20-2012, 04:08 PM
|
#15 | Where's my RS Christmas Lobster?!
Join Date: Mar 2011 Location: Richmond
Posts: 878
Thanked 421 Times in 186 Posts
|
I remember z3german posting his request for disclosure in a thread earlier this year
EDIT
Found it http://www.revscene.net/forums/66742...-speeding.html
It's in the spoiler within the spoiler
|
| |
11-24-2012, 07:34 PM
|
#16 | RS Veteran
Join Date: Nov 2001 Location: vancouver
Posts: 8,778
Thanked 1,265 Times in 618 Posts
|
A LOT of people have been driving around in the dark without their headlights on. This is an issue because their brake lights do no illuminate unless they step on the brakes... it is a huge hazard for anyone behind you if you are driving. I have DRL's can be bad because the driver THINKS their headlights are on because their DRL does some illumination at night.
Are you 100% sure your headlights were actually "on" and it wasn't just your DRL's?
|
| |
11-26-2012, 09:13 AM
|
#17 | WOAH! i think Vtec just kicked in!
Join Date: Mar 2005 Location: Vancouver
Posts: 1,608
Thanked 170 Times in 87 Posts
|
What sucks now too is that most new cars have the gauges light up all the time and the only indicator that the headlights are on is a small green icon on the dash.
Back in the old days, if I forgot my headlights, I look at my speedo and I know right away I forgot and will turn it on.
|
| |
11-26-2012, 01:35 PM
|
#18 | Willing to sell body for a few minutes on RS
Join Date: Aug 2002 Location: Vancouver
Posts: 10,038
Thanked 3,046 Times in 1,176 Posts
| Quote:
Originally Posted by zulutango In response to your question..
Hours prescribed for lighted lamps
4.01 A person who drives or operates a vehicle on a highway must illuminate the lamps required by this Division
(a) from 1/2 hour after sunset to 1/2 hour before sunrise, and
(b) at any other time when, due to insufficient light or unfavourable atmospheric conditions, objects on the highway are not clearly discernible at a distance of 150 m.
[en. B.C. Reg. 476/98, s. 2.]
No points for a VT issued under the Regs. | I think you kinda answered the question, but not totally. What's the difference between "drive" and "operate"?
If the driver has pulled over to the side of the road and turned off the engine, is he still "operating" the vehicle?
__________________ Do Not Put Aftershave on Your Balls. -604CEFIRO Looks like I'm gonna have some hot sex again tonight...OOPS i got the 6 pack. that wont last me the night, I better go back and get the 24 pack! -Turbo E kinda off topic but obama is a dilf - miss_crayon Honest to fucking Christ the easiest way to get a married woman in the mood is clean the house and do the laundry.....I've been with the same girl almost 17 years, ask me how I know. - quasi |
| |
11-26-2012, 01:54 PM
|
#19 | Rs has made me the woman i am today!
Join Date: Jun 2006 Location: Burnaby
Posts: 4,020
Thanked 6,687 Times in 1,624 Posts
|
^I believe yes, just like how you can't sleep in your car if you're drunk, because you're "operating" it.
But 4.01 says drives OR operates... |
| |
11-26-2012, 04:57 PM
|
#20 | RS Peace Officer
Join Date: Feb 2007 Location: Vancouver Islan
Posts: 3,867
Thanked 1,636 Times in 683 Posts
|
If you go to section 13 of the MV Act you come across this definition dealing with vehicles being required to be licenced when on a "highway"
Offences
13 (1) A person commits an offence if the person drives, operates, parks or is in charge of a motor vehicle or trailer on a highway
This says that they are esstentally the same thing so the Op would fall under this type of definition.
|
| |
11-26-2012, 06:24 PM
|
#21 | Proud to be called a RS Regular!
Join Date: Sep 2011 Location: Burnaby
Posts: 143
Thanked 184 Times in 48 Posts
|
Judging from the cars you own in your sig, I expect that all of them have auto headlights (not sure about the FR-S). I'm sure you could explain using that in your argument in court saying it is impossible for your headlights not to be on if they are automatic.
|
| |
11-27-2012, 10:03 AM
|
#22 | I bringith the lowerballerith
Join Date: Oct 2006 Location: PR
Posts: 1,140
Thanked 253 Times in 131 Posts
|
Except most (if not all) cars with auto headlights still have an "off" ability and will use DRLs only at that setting. And unless you can prove that it was on Auto and your Auto was functioning at the time, you're hooped.
I know any time I bring my car to the dealship, they turn off the Auto. Posted via RS Mobile |
| |
11-27-2012, 08:33 PM
|
#23 | I subscribe to Revscene
Join Date: Nov 2006 Location: Victoria
Posts: 1,978
Thanked 185 Times in 129 Posts
| Quote:
Originally Posted by BlueG2 This is an issue because their brake lights do no illuminate unless they step on the brakes... | I think that's how all cars work.
|
| |
11-27-2012, 10:06 PM
|
#24 | Rs has made me the woman i am today!
Join Date: Jun 2006 Location: Burnaby
Posts: 4,020
Thanked 6,687 Times in 1,624 Posts
|
^Most new cars have dual filament bulbs in their brake lights.
The "brake" lights are always on, when auxiliary lights or headlights are switched on, and light even more when brake pedal is depressed. Obviously this doesn't include the third brake light.
I think BlueG2 was talking about how there are no lights visible from the back at night if the guy doesn't have his aux. lights or headlights on.
BTW you're bad at sarcasm.
|
| |
11-27-2012, 10:49 PM
|
#25 | OMGWTFBBQ is a common word I say everyday
Join Date: Oct 2008 Location: Coquitlam
Posts: 5,324
Thanked 3,782 Times in 1,242 Posts
|
Ever tried having a conversation out of the window of a 12/24v Dodge diesel? I HAVE to turn my engine off when I get pulled over haha.
__________________ '16 Ram 1500 |
| | | |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts HTML code is Off | | | All times are GMT -8. The time now is 05:58 AM. |