Q: I received a ticket for code 40-8-20 for no headlights in the rain at approx 9:00 am on college campus, not highway?
The code mention the light requirement for highways. Is it also valid for streets in the rain.
A:
This is a very good question.
The Georgia code 40-1-1 states "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
Courts have interpreted the definition of "Highway" to include streets and roads.
As such, it is my legal opinion that you would not be successful in fighting a failure to use headlights ticket case based on the fact that you were driving on a simple roadway and not a per se "highway".
I am a criminal defense /traffic ticket attorney with 24 years experience.
Sean McIlhinney, Esq.
Cell: 404-932-3099
sean@ms-firm.com
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
