I got a citation in CA for driving with my headlights off and the rear passenger was not wearing a seatbelt. It was only one minute off because I was trying to turn on the windshield wipers but accidentally turned the lights off. How can I fight this?
by 
lei Yee
ANSWERS: 3
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Well, the headlights may be explained in court. but, the backseat rider, with no seat belt, will only add to the headlight charge. one offense, usually compliments the other. You, as the driver of a vehicle, are totally responsible for the passengers and their activities, inside your automobile. if they refuse to buckle up, the citation goes to the driver.
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Your past traffic record is going to have a big bearing on the judges decision in this situation. The truth will be paramount here. If this occured in total night darkness and you had been driving for a while, you will not have much of a defense.
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You might find a judge who will understand (!?) about the headlights, depending on the time of the incident. Maybe the judge will buy your story. As far as the seatbelts go, though, I wouldn't expect any breaks there. It is just about an absolute, regardless of where you live, that ALL passengers have their seatbelts fastened .... and YOU, as the operator of the vehicle, are solely responsible for overseeing the safety of your passengers. If you didn't, be a man and face up to your error. The judge might just let you luck out. Sometimes we have to learn things the hard way.
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