Oops... I forgot about this thread. In the absence of light the policeman could not, in fact, identify the person in front of the judge so the first starement; "No your Honor, that policeman cannot identify me because the event in question happened at night" is correct.
Night is not the same thing as "absence of light." The idea is that the policeman identified the suspect based on a property that remains fixed whether it is day or night. The suspect tries to argue that the property in question, hair color, changes depending on the time of day, and therefore the policeman's identification is mistaken. Naturally, the truth value of the description on your driver's license does not change with lighting conditions.
The second statement; "He claims he saw a brown-haired man, but my hair is not brown after 9pm unless I am under a lamp." has no relevance uless of course, there was SOME light, in which case the person's hair color could be identified, however with a lesser degree of accuracy than in full light.
Bingo. You can tell a brown haired person from a black haired person at night or under low light conditions (with at least some accuracy and if you're close enough),
even though the brown haired person's hair would be called black if it had the same appearance in daylight.
But to then claim that the brown haired person's hair is not brown under low light conditions, but in fact changes to black as bighorn admitted, is patently absurd.
Again, that would mean that the description on your drivers license was true by day but false by night.
These confusions do not arise from a misunderstanding of optics, physics, or science in general...
----------------------------------
The crazy thing about this digression is that no one would argue with me over this point were it not for the stubborn insistence to nit-pick zazen over his "the sky is blue" comment.
Do you think that before this thread, bighorn would have agreed that a color label on a pair of pants is true in the light and false in the dark?
Of course not...no one would. It is time to give this one up.