[blueash]

A villages resident has been arrested for driving a golf cart on a street during daylight hours that did not have functioning tail and brake lights.

I am asking for what the legitimacy of the charge might be. The driver did not have a valid driver's license. However it is my understanding that no driver's license is required to operate a golf cart otherwise no 14 year olds could possibly be driving them. Similarly Florida law seems to indicate that the golf cart must have operating lights only if it being operated between sundown and sunrise (when it is dark)

Here is the statute:
316.212 (5) A golf cart may be operated only during the hours between sunrise and sunset, unless the responsible governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield.

However an additional section reads:

(8) A local governmental entity may enact an ordinance relating to:
(a)  Golf cart operation and equipment which is more restrictive than those enumerated in this section. Upon enactment of such ordinance, the local governmental entity shall post appropriate signs or otherwise inform the residents that such an ordinance exists and that it will be enforced within the local government’s jurisdictional territory. An ordinance referred to in this section must apply only to an unlicensed driver.

Is anyone aware of a Lake county or Lady Lake City ordinance that might apply to this situation? If there is such an ordinance have you seen appropriate signs or been informed that such an ordinance exists?
From Lady Lake website of its local rules:
Equipment and minimum standards. All golf carts operated within golf cart communities shall meet the minimum equipment standards established by Florida Statutes

None of this is meant to suggest that this or any driver of a golf cart should have less than a safe cart, but really, why did they ticket this person? Did she even know the lights were not working? Does she own the cart? Wouldn't most cops just tell you, hey your lights are out, get a new bulb?

[Phanatic Luvr]

Here's a better question ... why would ANYONE in their right mind, operate a golf cart on a main road that DIDN'T have brake lights? Was the cart supposed to be street legal or are you talking about in the golf cart lane on a less busy street? Common sense... But then again!

[Bogie Shooter]

Why not call the police department and ask?

[Navarrian]

Not having access to the specific charge cited on the ticket or what specific charge(s) were made by the arresting officer tends to leave one guessing as to what law or local ordinance applies in order to bolster a defense. It would depend on the wording on the ticket.

[TheVillageChicken]

Originally Posted by blueash

A villages resident has been arrested for driving a golf cart on a street during daylight hours that did not have functioning tail and brake lights.

I am asking for what the legitimacy of the charge might be. The driver did not have a valid driver's license. However it is my understanding that no driver's license is required to operate a golf cart otherwise no 14 year olds could possibly be driving them. Similarly Florida law seems to indicate that the golf cart must have operating lights only if it being operated between sundown and sunrise (when it is dark)

Here is the statute:
316.212 (5) A golf cart may be operated only during the hours between sunrise and sunset, unless the responsible governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield.

However an additional section reads:

(8) A local governmental entity may enact an ordinance relating to:
(a)  Golf cart operation and equipment which is more restrictive than those enumerated in this section. Upon enactment of such ordinance, the local governmental entity shall post appropriate signs or otherwise inform the residents that such an ordinance exists and that it will be enforced within the local government�s jurisdictional territory. An ordinance referred to in this section must apply only to an unlicensed driver.

Is anyone aware of a Lake county or Lady Lake City ordinance that might apply to this situation? If there is such an ordinance have you seen appropriate signs or been informed that such an ordinance exists?
From Lady Lake website of its local rules:
Equipment and minimum standards. All golf carts operated within golf cart communities shall meet the minimum equipment standards established by Florida Statutes

None of this is meant to suggest that this or any driver of a golf cart should have less than a safe cart, but really, why did they ticket this person? Did she even know the lights were not working? Does she own the cart? Wouldn't most cops just tell you, hey your lights are out, get a new bulb?

She was stopped for the lighting issue. She was charged as a habitual traffic offender.

I imagine she is well known to Lake County Law Enforcement and they are probably tired of dealing with her.

[Bogie Shooter]

Lock em up Dano...............................

[Dr Winston O Boogie jr]

Originally Posted by TheVillageChicken

She was stopped for the lighting issue. She was charged as a habitual traffic offender.

I imagine she is well known to Lake County Law Enforcement and they are probably tired of dealing with her.

Exactly! The police are aware of a group of troublemakers in the area. They have been harassing them and arresting them on whatever they can. I believe it's an effort to get them off the streets. The same thing happened a few weeks ago. A guy was arrested for operating without a license. You never hear of anyone arrested for that. They usually ticket you and tell you that you can't drive home and that you'll either have to have the car towed or get someone to drive it home for you. It happened to a friend of mine many years ago and the local cop actually drove the car home for the guy while his partner followed in a the cruiser.

This all part of an effort by the local authorities to remove an undesirable element from out community.

[graciegirl]

Originally Posted by blueash

A villages resident has been arrested for driving a golf cart on a street during daylight hours that did not have functioning tail and brake lights.

I am asking for what the legitimacy of the charge might be. The driver did not have a valid driver's license. However it is my understanding that no driver's license is required to operate a golf cart otherwise no 14 year olds could possibly be driving them. Similarly Florida law seems to indicate that the golf cart must have operating lights only if it being operated between sundown and sunrise (when it is dark)

Here is the statute:
316.212 (5) A golf cart may be operated only during the hours between sunrise and sunset, unless the responsible governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield.

However an additional section reads:

(8) A local governmental entity may enact an ordinance relating to:
(a)  Golf cart operation and equipment which is more restrictive than those enumerated in this section. Upon enactment of such ordinance, the local governmental entity shall post appropriate signs or otherwise inform the residents that such an ordinance exists and that it will be enforced within the local government�s jurisdictional territory. An ordinance referred to in this section must apply only to an unlicensed driver.

Is anyone aware of a Lake county or Lady Lake City ordinance that might apply to this situation? If there is such an ordinance have you seen appropriate signs or been informed that such an ordinance exists?
From Lady Lake website of its local rules:
Equipment and minimum standards. All golf carts operated within golf cart communities shall meet the minimum equipment standards established by Florida Statutes

None of this is meant to suggest that this or any driver of a golf cart should have less than a safe cart, but really, why did they ticket this person? Did she even know the lights were not working? Does she own the cart? Wouldn't most cops just tell you, hey your lights are out, get a new bulb?

Would they do the same to a car whose brake lights weren't working? Do you think this person was profiled?

[OpusX1]

It has been my experience that if a vehicle has lights they need to be in working order. If you do not have lights and you are only driving during daylight hours you are fine but if you have lights they need to work night or day.

[Walter123]

Originally Posted by graciegirl

Would they do the same to a car whose brake lights weren't working? Do you think this person was profiled?

Yes, I would hope so to the first question and who cares for the second question.

[Walter123]

Originally Posted by OpusX1

It has been my experience that if a vehicle has lights they need to be in working order. If you do not have lights and you are only driving during daylight hours you are fine but if you have lights they need to work night or day.

Yes, especially brake lights.

[Dr Winston O Boogie jr]

Originally Posted by graciegirl

Would they do the same to a car whose brake lights weren't working? Do you think this person was profiled?

I don't she was profiled in the usual sense of the word. If I'm not mistaken she is one of a crowd that is, as they say, "Well known to local authorities". When LE sees one of these people they are looking for any excuse to arrest them.

[blueash]

An automobile is required to have brake lights at all times. A daytime golf cart is not required to have brake lights. So as far as I can tell, there was no offense in having no brake lights working. Cops are not supposed to be harassing citizens to try to get them off the streets. If they are obeying the law they are entitled to the same treatment from law enforcement as you or I. You cannot charge someone as a habitual offender if they are not committing an offense. That is an add on feature based on the number of points you have accumulated.
Habitual Offenders | Florida DMV Regulations

[blueash]

Originally Posted by Dr Winston O Boogie jr

I don't she was profiled in the usual sense of the word. If I'm not mistaken she is one of a crowd that is, as they say, "Well known to local authorities". When LE sees one of these people they are looking for any excuse to arrest them.

So is that a good thing or a bad thing? How is a person supposed to get back into society's good graces if they are being subjected to cops looking for any excuse to arrest them. I suspect few of us could avoid arrest with that level of scrutiny.

[Walter123]

Originally Posted by blueash

An automobile is required to have brake lights at all times. A daytime golf cart is not required to have brake lights. So as far as I can tell, there was no offense in having no brake lights working. Cops are not supposed to be harassing citizens to try to get them off the streets. If they are obeying the law they are entitled to the same treatment from law enforcement as you or I. You cannot charge someone as a habitual offender if they are not committing an offense. That is an add on feature based on the number of points you have accumulated.
Habitual Offenders | Florida DMV Regulations

Baloney, no such thing as a "daytime" cart. The brake lights must work if the cart is used off the golf course.