This feels like it almost violates my constitutional rights.?

Question

I live in california and in January of 05 the section 24400 of California motor vehicle laws became effective. It states that the center of the headlamp must be between 22 and 54 inches. I moved here before that and my car was modified but was still legal at that time. After 24400 was amended I was pulled over about 6 months later and given a ticket for my headlamp being 20". I tried to fight it in court but it felt like I was guilty until proven innocent. The judge stated to me unless i went to a peace officer and i got it fixed i was guilty.

Basically I feel like I am being prosecuted and convicted guilty for something that i'm innocent for. Now i am breaking the law because you changed the law, and that is crap. It would probably take 400 dollars for parts and labor to change back to factory height.

I took it up the *** this time, but next time they really need to get the shaft.

and the motive i do not believe is safety. Wrecks have not decreased since it. It is in illegal streetracing. Instead of beating around the bush to try and prevent it with stupid laws, why doesn't the law just up the ante and impose harser fines and penalties to street racers. And yes there are stock cars that are below that minimum height. I wait to see the day when traffic stops do not provide a significant income for the state.

and what i am talking about specifically is article I section 9 of the constitution. Ex Post Facto Law.

Answer 1

It used to be that people valued truth over authority.

These days, authority is truth. Look at the responses, no one cares that you get stuck on the losing end of a stupid law. They assume the government works for their interests and the law is justified. There's no logic there, only faith.

Answer 2

It is the law unless you can be grandfathered in.

I have to say CA laws are pretty damn stupid sometimes.

I cannot count the times I was pulled over for only haveing one plate on the back of the car and not on the front ( Car registered in TN, Only one plate required).

I was stationed in CA and did not have to register my car there. Yet they kept trying to write me tickets for not haveing both liscense plates on.

Edit: Ex Post Facto only applies to a law that you would have been breaking before the law went into place. Ex if you were driveing 45 in a 45 mile an hour zone and next week they changed it to a 35 mile an hour. They cannot ticket you for going 45 the week before. They can only fine you for breaking the current law after the law was changed.

Answer 3

Would you like some cheese with that whine?

So the headlamps were legal when you moved here. Then they changed the law, and six months later you still hadn't gotten around to changing the headlamps to comply with the new law? I really don't see how this is anybody's fault but yours - if you had been ignorant of the change in the law, and explained that to the officer, then he would have had the option of being lenient and taking yoru word that you would get it changed, but he still had every right to give you a ticket. Ignorance of the law is no excuse.

If you don't like it, then move back where the laws are more accomodating to your vehicle.

Answer 4

Ex Post Facto means you can't be convicted of a crime that you committed before a law was enacted. IE next week eating cheese burgers is illegal, as long as your don't eat cheese burgers after that date you are fine, you can't be cited for your crimes before that date.

However in your situation you had a vehicle that complied with the law until the law changed. You didn't get a ticket for your car being outside the law before that date, you got it when the officer saw your vehicle after that date.

If you are going to quote parts of the constitution make sure you actually read it first.

And don't even think about posting something about that being entrapment.

Answer 5

This has NOTHING to do with constitutional rights. You are NOT innocent. By your own words, the light was 2" below the legal requirement. If we could choose to follow the old rules when laws changed, I would like to follow the tax laws in effect before the 16th amendment.

Please read the Constitution (link to National Archives website below) and tell me which right you think has been violated.

Edit: $400 for parts and labor to return them to factory hight? You can do the labor yourself and I will BET the only parts involved are the one you would have to REMOVE.

Answer 6

You were stopped and cited for a valid reason. No violation of the 4th Amendment there. You went to court and apparently had a trial (or at least appeared before a judge and plead) so your 5th and 6th is intact also unless there was some procedural violation.

Looks like your rights are fine.

Answer 7

The law is the law, unfortunately. They are saying that if your headlamps do not match the state requirements, your car does not belong on the road in california.

Options?

a. return your car to stock height
b. risk getting a ticket
c. move to another state


sorry, but thats it.

Answer 8

What constitutional right was violated? Are you a complete idiot? Is there a 28th amendment we don't know about that gives you the right to have your headlights at 20" that the police amended the state laws and changed? You took it in the *** cause you were wrong. End of story.

Answer 9

So, if they change the law on health and safety standards, but you were compliant until they changed the law, you shouldn't have to make changes to meet the new regulations?

Sorry, but you are guilty of having your headlights too low. Get them fixed or get a new car. They change regulations for a reason. In this case, it's safety. Get over it.

Answer 10

Sounds like you shouldn't have modified your car to begin with. Cars are manufactured with the parts they have for a reason. You are just out of luck. Fix your car.