Legal Question in Traffic Law in California

CVC 24400 (a) 1

Daughter went to movie, headlights both worked on the way to the movie. While leaving parking lot, cop pulls her over and tells her that he will cite me through the mail for burned out headlamp. 4 months later I receive a notice of correction from CHP that the citation was for 24400 and should be 24400 (a) 1. Went to court pled not guilty at arraignment.

I believe they wrote for the wrong VC as this one requires every car to have two headlamps mounted at a certain height, that's all. 24400 (a) 2 says they have to be operating and references (a) 1.

I plan to show that the car did have two headlamps mounted as 24400 requires. BTW, I replaced the bad lamp the next morning. I don't think I should have to pay $25.00 to the county for the privelege of replacing my own headlamp. Can anyone tell me what they think?


Asked on 6/19/09, 6:31 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: CVC 24400 (a) 1

In my opinion I believe that judge will allow the complaint to be amended to cover the missing headlight. That would result in a conviction and a fine that will be much greater than the $25 fee charged for processing the fix it ticket.

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Answered on 6/27/09, 11:32 pm


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