My question involves a traffic ticket from the state of: Yorktown, Virginia
I was driving in dark conditions on an "urban" road without streetlights at 0430 in the morning of 29 Jan 18 utilizing the "Auto High-Beam" system of my 2017 Honda Ridgeline. The system automatically adjusts the beam to the conditions in the environment and is offered as a safety option on these vehicles.
I was stopped and ticketed for "Fail to dim high beams - moving" Virginia 46.2 - 1034 (15-6). The fine is minimal, $30.00, but caries a $51.00 processing fee and a $10.00 local fee. I am eligible to prepay if desired but involves pleading guilty. The summons is for a trial date early in January unless I plead guilty and pay the fine by the internet or send a check.
The road where I received the ticket has no street lights and at 0430 on 29 Jan 18 the conditions were dark and warranted usage of a high beams. The "Auto High-Beam" system automatically turns the high beams on or off depending upon the conditions and upon whether the sensor detects oncoming headlights or taillights at a predetermined distance.
It was my assumption that the technology would function consistent with the legal requirements to dim headlights at the appropriate distance and in fact seems to me to work quite well. I consider the fact that my high beams were on to be prima facie evidence that there were no approaching vehicles within 500 feet or going in the same direction within 200 feet as the statute indicates should trigger a switch to low beams.
I cannot take time from work to go to court on this. I spoke with the York County General District Court clerk and was informed that one option was to submit a letter to the judge and that would suffice. The judge would be able to make a determination of guilt or innocence with the letter without penalizing me for not appearing in court.
My question is this: Would the use of automated safety technology (Auto High Beam) be likely to influence the outcome? I am not disputing the fact that the high beams were on, they were. I am disputing the application of the statute because the fact that they were on and in "Auto High Beam" mode is prima facie evidence that there were no oncoming cars or leading cars within the confines of the statute and therefore I did not violate the law by having my high beams on.
Please advise if this logic would hold up in a legal venue or if this would not be an acceptable legal line of reasoning. Also, should I just pay the fine or submit a letter outlining my argument? Is there a chance that the judge would increase the fine? Is my limit of exposure $91.00 or do I risk more by trying to defend myself?
Thanks in advance for any insights you can provide me.
I was driving in dark conditions on an "urban" road without streetlights at 0430 in the morning of 29 Jan 18 utilizing the "Auto High-Beam" system of my 2017 Honda Ridgeline. The system automatically adjusts the beam to the conditions in the environment and is offered as a safety option on these vehicles.
I was stopped and ticketed for "Fail to dim high beams - moving" Virginia 46.2 - 1034 (15-6). The fine is minimal, $30.00, but caries a $51.00 processing fee and a $10.00 local fee. I am eligible to prepay if desired but involves pleading guilty. The summons is for a trial date early in January unless I plead guilty and pay the fine by the internet or send a check.
The road where I received the ticket has no street lights and at 0430 on 29 Jan 18 the conditions were dark and warranted usage of a high beams. The "Auto High-Beam" system automatically turns the high beams on or off depending upon the conditions and upon whether the sensor detects oncoming headlights or taillights at a predetermined distance.
It was my assumption that the technology would function consistent with the legal requirements to dim headlights at the appropriate distance and in fact seems to me to work quite well. I consider the fact that my high beams were on to be prima facie evidence that there were no approaching vehicles within 500 feet or going in the same direction within 200 feet as the statute indicates should trigger a switch to low beams.
I cannot take time from work to go to court on this. I spoke with the York County General District Court clerk and was informed that one option was to submit a letter to the judge and that would suffice. The judge would be able to make a determination of guilt or innocence with the letter without penalizing me for not appearing in court.
My question is this: Would the use of automated safety technology (Auto High Beam) be likely to influence the outcome? I am not disputing the fact that the high beams were on, they were. I am disputing the application of the statute because the fact that they were on and in "Auto High Beam" mode is prima facie evidence that there were no oncoming cars or leading cars within the confines of the statute and therefore I did not violate the law by having my high beams on.
Please advise if this logic would hold up in a legal venue or if this would not be an acceptable legal line of reasoning. Also, should I just pay the fine or submit a letter outlining my argument? Is there a chance that the judge would increase the fine? Is my limit of exposure $91.00 or do I risk more by trying to defend myself?
Thanks in advance for any insights you can provide me.
Other Violations: Failure to Dim High Beams Ticket While Relying on an Automatic High-Beam System
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