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I think the Rain-X issue is irrelavent. If the law states you must have lights on when wipers on and that is the full extent, you might win,
But I doubt any cop/court is going to take on the issue whether any windshield wipe on, product is a substitute for wipers.
You may win the no lights on issue but they could charge you with careless driving, not having wipers on during a rain storm. Not that they would normally, but just to catch you on something.
I think the Rain-X issue is irrelavent. If the law states you must have lights on when wipers on and that is the full extent, you might win,
But I doubt any cop/court is going to take on the issue whether any windshield wipe on, product is a substitute for wipers.
You may win the no lights on issue but they could charge you with careless driving, not having wipers on during a rain storm. Not that they would normally, but just to catch you on something.
I invite you to read up on N.J. title 39 and report back. Just a little hint, 39:4-97 would not be appropriate charge for not having lights on when wipers are on.
There is no loophole in the law. It says that lamps are required whenever rain requires the use of windshield wipers by "motorists." It's not talking about whether the driver of the particular car requires them. It's talking about when motorists in general would require the use of windshield wipers. Otherwise anyone could avoid the ticket by saying they weren't "required" to use their wipers because they could see without them. It's not a subject law. Plus, as others pointed out, the law wasn't designed to help the person in the car see better, it was designed to allow other people to see you. That's why the law talks about "motorists" and not the driver. What's the big deal about turning your lights on anyway? If someone hits you in the rain and you don't have your lights on you're going to be at least partially responsible, even if you might not have been had you had your lights on.
Anyway, since this guy is gone, I think you still have the responsibility of turning on your lights if you have running lights. Is there an override?
Well said!
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