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.
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