No problem with them..
They are fog lights, and I reckon you'll find that they work when your park lights are on. (as sammo said) There is no sensible reason that anyone would fit 'driving' lights that low, as they'd be useless!!
They are factory fit, so tell the officer to go f@$k himself (I do not condone such activities)!! Maybe they could be angled down a little if he is complaining about glare, and inform him that you are actually 'preventing' accidents, because you are making yourself more noticeable to other traffic!!
Cops aren't traffic inspectors, as much as they'd like to think they are... And they don't know the exact ins and outs of every roadworthy bylaw in existance. If you have more trouble, get the car inspected by a traffic inspector!! See what they have to say!!
*I hate opinionated cops who think that they are judge, jury and prosecutor!! They give nice cops a shithouse reputation!!*