California laws regarding headlights and auxiliary lights

Discussion in 'GS Boxers' started by upsscott, Aug 25, 2019.

  1. Some Beach

    Some Beach Been here awhile Supporter

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    If you are really interested in “tracking” this topic then I suggest you review search and seizure case law through the years. The US Constitution is a living document that had some amendments to it and has since been interpreted by our courts through case law. It is this case law which dictates a peace officer's ability to stop you (on foot even). Over the years the courts have further defined how strong the rights are against illegal searches and seizures in relation to vehicles. I get it that this stop (a seizure, covered under the constitution) was a minor inconvenience and if the officer was wrong it was probably just an honest mistake. If there was no violation then the stop was bad.

    If you’re still not tracking then I’m not the one who can help. My original statement to the OP was to congratulate him for challenging this stop. It sounds like he tried to have a civilized discussion about the stop with the officer which is the correct way to challenge a stop you believe to be illegal. Sometimes you have to go before a judge before you can prove it was a bad stop.
    #61
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  2. JimVonBaden

    JimVonBaden "Cool" Aid! Supporter

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    Maybe I should run these all the time, you know, for MY safety!
    [​IMG]

    Or step up my game: Go to 1:01
    #62
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  3. LowOnFuel

    LowOnFuel In the crapper

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    Famous "last" words... We'll put that on your headstone.
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  4. phillyrube

    phillyrube Long timer

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    It's not calibration. It's checking for "proper operation before, during, and after the shift, and the radar was found to be working accurately and correctly." Gotta say this for each defendant in court.
    #64
  5. JimVonBaden

    JimVonBaden "Cool" Aid! Supporter

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    Well, try as you might, you are either a lawyer making a leap to justify being a jerk to a cop for making a legal stop, or just do not get the way it works. The cop can stop you for a perceived infraction. He didn't give a ticket, so not an illegal stop, therefore no violation of your perceived constitutional rights. So, whatever. I am sure you will have more to say, but I am no longer listening.
    #65
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  6. upsscott

    upsscott Been here awhile

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    Say he wanted to look through my top case. I did nothing to warrant him to do that. That would be illegal search. This officer did none of that. Hell, my top case was open the whole time.
    #66
  7. upsscott

    upsscott Been here awhile

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    Jim, since I upgraded to Darlas with yellow lens covers, even at 20%, I’ve yet to have someone blatantly pull in front of me. I really think there’s something to conspicuity lighting being safer overall. I don’t drive around with my brights on because I think that’s overkill.
    #67
  8. upsscott

    upsscott Been here awhile

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    Well this officer didn’t do that. In that instance I was driving 65 in a 55. I accepted wrong doing because my cruise control was set at 65 on the dot. He insisted on writing me up for 71mph which in California bumps the fine up significantly. Like $200 more. That’s the only ticket I’ve ever fought, and I won.
    #68
  9. upsscott

    upsscott Been here awhile

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    Thank you for this discussion fellas. I’m very glad I brought the topic here. There is much to be learned from you all.
    #69
  10. JimVonBaden

    JimVonBaden "Cool" Aid! Supporter

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    He has every right to ask, but you have every right to refuse, unless he has actual probable cause. I wasn't arguing that part.
    #70
  11. Boxerbreath

    Boxerbreath 2017.5 GS Black Storm

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    Sounds like either a jealous cop or one that’s tired of riders running there lights all up bright, or both.
    You have actually 2 lamps, headlight and the pair of spots. So he’s full of shit.
    I run into knotheads running super bright LEDs blasting in broad daylight all the time. Dude you are seen! No need to blow up everyone coming the other direction...
    You don’t need to use them just cuz you paid for em.
    #71
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  12. upsscott

    upsscott Been here awhile

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    Tell that to the coed who almost cost me a leg because she didn’t see me. I don’t use them because I paid a lot for them. Like I’ve said numerous times, I run them a 20% with yellow lens covers. If that’s too bright for you or anyone else, too damn bad.
    #72
  13. 200GRLSWC

    200GRLSWC Been here awhile

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    Technically, a traffic stop is a "seizure" under Con law principles (as currently interpreted by the Supreme Court), but all that's required to justify such a transient seizure is reasonable suspicion that a violation of law is being committed. A good faith belief that traffic or vehicle equipment laws are being violated is sufficient for that purpose.

    Or one could go all "muah rahts!!1111!!" and see what happens. :-)
    #73
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  14. JimVonBaden

    JimVonBaden "Cool" Aid! Supporter

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    You think running the lights full blast, flashers and a horn would have mattered? Again, think about how many times people pull in front of ambulances, cops and fire trucks!
    #74
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  15. upsscott

    upsscott Been here awhile

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    I think running brighter than average lights is definitely better than nothing.
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  16. Pabst

    Pabst Been here awhile

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    I was pulled over by a CHP for speeding on my 92 GS in well, '92. Who new that a 45 HP GS would do over 105 with luggage on? He asked what I kept in my tank bag and I didn't care, told him go ahead and look. Gave him a little warning first, I had a .44, .357, 9mm and a .22, I was on my way back from shooting. We ended up talking about guns and then I asked if he could use his radar to see how bad my speedo was off, 9 mph fast, he wrote me up for 60 in a 55. I'm just glad I didn't have any lights on, I'd have been put in jail.
    #76
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  17. lewisjr1

    lewisjr1 Long timer Supporter

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    HI-Viz GREEN (yes, the color that shouts at you) for helmet + jacket, cause those fancy forward facing lamps ain't doin' nothin' for your six. I've even got a pair of gloves that are white deerskin with hi-viz orange panels + reflective piping on the backside; great for conveying hand signals - though a simple finger gesture seems to get lost in the confusion of colors. It might just be my small fingers, though.

    And I transport firearms in locked boxes that are also locked inside of panniers. I've never expected a gun fight in route, and thankfully I've yet to experience one.
    #77
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  18. upsscott

    upsscott Been here awhile

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    IMG_1454.JPG
    3xl jacket in high viz. I also added the Clearwater Billie brake light. My six is covered. I usually have my 9mm with me. Yesterday I didn’t.
    #78
  19. rdbonds

    rdbonds Breaker of Things

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    I'll agree with Jim that no amount of lighting will ensure conspicuity, but I do believe that creating a larger lighting "cross section" gives the illusion of mass, which does seem to reduce the sheer number of folks who don't seem to see us. On my GS, it's the triangle of my low beam and OEM running lights. On my GoldWing, it's the twin low beams, the raised mirror markers and the OEM LED fog lamps. I've read a few reports that this helps, and I'd have to say that my observations support it.

    I did once have a sportbike with lousy front visibility (single lamp on left for low beam, single on right for high beam, and no marker lamps) and it did seem to encourage folks pulling out. My MSF Ridercoach from the time did recommend running the headlamp on bright in daytime. Right or wrong, his rationale was that it was better to be seen, and if you're going to burn out a bulb prematurely, why not the bright one so that you still have the low beam to get home on if it's nighttime. I tried it limitedly on that bike, and it did seem to reduce the number of times people pulled out in front of me. I just was not a huge fan of ticking folks off (although if they got ticked, that meant they saw me). :) Now I just prefer to rely more on the lighting cross section and riding more defensively.
    #79
  20. Boxerbreath

    Boxerbreath 2017.5 GS Black Storm

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    Not a thing wrong with 20% at all.
    Running them at 11 and sometimes not even aligned right, bad.
    BMW has always had the ‘bremse’ switch for flashing your high berm we’re needed. I use it regularly. Running on high beam however is sometimes necessary.
    #80