Knowing your rights: Window tint

[JeffreyLebowski]

You can roll your windows all the way down so they can't check. You have to have the window pretty much at halfway for them to check. I don't think they can legally force you to do that without a warrant.

You mut be 16 or 17 and just got pulled over for having to dark a tint. Grow up and realize you got busted. If the cop can see it in plain view it's fair game. That gives him probable cause.

 

[Farmer]

You mut be 16 or 17 and just got pulled over for having to dark a tint. Grow up and realize you got busted. If the cop can see it in plain view it's fair game. That gives him probable cause.

You mut be 16 or 44 and just got trolled hard. Grow up and realize Lean L is a huge troll. If I can see it in plain view you should too.

 

[Lean L]

Here is the justification:

States may differ, but just about universally - your state requires that any automobile driven upon the public highways in that state - be maintained in a safe, operable condition, having appropriate signal lights, and able to be driven without damaging property or persons.

Your window tint is visible from the outside. If your jurisdiction has regulations regarding the amount of permitted light transmission, any officer upon visual inspection has reasonable suspicion, and is therefore permitted to "chek yo tint".

Its just like if he's driving behind you and a tail light is out. He can inspect THAT and see that its broken and cite you.



Are you somehow implying that estoppel could apply?

I'm saying 1. I was not in violation of anything 2. It should not have taken them a week to cite me if I were therefore the person who issued the ticket can not be considered knowledgeable in these violations.

Sure they can. If you refuse, the offense becomes resisting arrest or tampering with evidence. In either case or even without an arrest they can simply impound the car and have it inspected in the impound lot. See "safe and reasonable operation" above.

Your recourse - petition the court for a redress of grievances to get your car back, and sue the police if no conviction was made.

There's no evidence if they can't prove a crime right? Even if the police show up at your house with a warrant for a dead body and they found cocaine all over the place, that can't be used as evidence. How can one's opinion of the darkness of windows be justification for a random search?

 

[Lean L]

OP you are a idiot.

no they don't need a warrant. They can see it standing outside enough to justify rolling down the window or whatever.

but hell fight it and piss off t he judge hehe

What?

 

[Lean L]

You mut be 16 or 44 and just got trolled hard. Grow up and realize Lean L is a huge troll. If I can see it in plain view you should too.

What's with the hate and false accusations?

 

[BoberFett]

I got pulled over for my tint a while back. Cop told me to roll the window down half way, pulled out this clamp type device that shines light through and measures throughput on the other side, said it was too dark. Bam, $128 ticket.

I'm going to fight it just to be a pain in the ass. I've owned the car for two years and never been pulled over for it. The person I bought it from had it for five years and swears she never got hassled about it, and she bought it from out of state where the tint laws are different. If the judge still wants me to pay the fine, I guess that's his prerogative, but at least I wasted the courts time.

 

[ViviTheMage]

I was speeding, and then pulled over and they checked my tint ... luckily all I got was a tint ticket, and not a speeding ticket.

pay your fine and shut it!

 

[Krazy4Real]

What's the big rave about window tint? Wasn't that fad back in the 80s and 90s? I see it on cars today and it looks ridiculous.

 

[ViviTheMage]

What's the big rave about window tint? Wasn't that fad back in the 80s and 90s? I see it on cars today and it looks ridiculous.

Keeps the heat out, and the sun out...it's not just a fad :whiste:

 

[JulesMaximus]

What's the big rave about window tint? Wasn't that fad back in the 80s and 90s? I see it on cars today and it looks ridiculous.

It makes a big difference when you're driving around in the desert sun believe me. The interior of the car remains cooler, you aren't exposed to as much UV light which is especially important when you have young children in the back seat, and it protects the interior from the heat and light of the sun when the vehicle is parked.

It's not just a "fad" as you put it. There are real benefits to tinting your windows. I'll always have my windows tinted.

 

[Mark R]

Around here, the cops have hand held tint meters. They just hook it over the window and it gives a direct reading. If it's over, you get a ticket and an order to remove the tint. You then have to bring proof that the tint has been removed to the station within a certain number of days.

Of course, that's during the day. At dusk, or at night, the cops won't just let you off with a ticket. If you can't remove the tint on the spot, they'll impound it.

I know one guy who got stopped at 5:30 on a Sunday evening, with sunset at about 6:00. The cop basically asked where he was going, and he gave a location about 1 hour away. 'You do realise that your window tinting is illegal, son?' 'If you say so, Officer.' 'Sunset is in half an hour, how are you going to complete your journey in that time? I can't allow you to take your vehicle on the road in an unsafe condition.' 'How about I phone a local garage to see if they can replace the windows?' 'No problem. Go ahead.'

So, he phones around - but every where is closed. Nowhere local will be able to get the job done before 6 pm.

'Sorry, son. I can't let you drive an unroadworthy vehicle'. Writes out a ticket, and calls a tow-truck to take the car to the pound. The car driver has a long cab ride home.

 

[coloumb]

Scenario 2: You park your car at the end of the street just close enough so that no part or your car is in the painted crosswalk. You leave your car there for a week and then they give you a ticket the 8th day. WTF? This is a meter maid patrolled area. Contest?

It's because the car is considered "abandoned". In most cities, your car can be considered "abandoned" if parked in the same spot for more than 72 hours [this is basically copy/paste from a google search]:

How can I report an abandoned vehicle?
A person may call his or her local police station or the Parking Violations Bureau, Department of Transportation, at 1-800-ABANDON, to report an abandoned vehicle. An officer from the Parking Violations Bureau will be dispatched and will issue a parking citation. The officer will return after a 72-hour period. If the vehicle has not been moved, the officer will impound the vehicle.

 

[SandEagle]

If you want dark tint. Just get a doctor note, all it takes is suffering from "migraines" and glare is part of your trigger.

I have not done this and wouldn't but I see people do it all the time.

i have it, but for real medical reasons. glare and headaches from light. i believe its called acute photosensitivity. stupid cop once pulled me over and said why can't i just wear sunglasses instead of having tint. i'm not cory hart asshole, i can't wear my sunglasses at night.

 

[bobdole369]

I'm saying 1. I was not in violation of anything 2. It should not have taken them a week to cite me if I were therefore the person who issued the ticket can not be considered knowledgeable in these violations.



There's no evidence if they can't prove a crime right? Even if the police show up at your house with a warrant for a dead body and they found cocaine all over the place, that can't be used as evidence. How can one's opinion of the darkness of windows be justification for a random search?

I feel sorry for you. Your misunderstanding of how the legal system works is unbelievable.

Regarding the first bit there. 1. You don't NEED to be in violation of anything. The officer doesn't decide that part. Only a judge can convict you. If an officer "suspects" or has "reasonable cause" than he will issue a citation. Officers can, and often DO issue invalid, incompetent, and sometimes even illegal tickets. They can arrest you - for no reason whatsoever. In fact thats what they often do to prostitutes and problem homeless. They aren't charged with anything, just brought in.

You fail to understand the concept of "reasonable cause". It doesn't matter that you did nothing, an officer of the law has a duty to investigate when he "suspects" something. It isn't a violation of your privacy and 4th amendment rights when the violation is in plain view. He can and will ask you to roll up your window while he checks your tint and if you resist he's likely to impound it, so give that a shot. OR even better, a real good cop with a lot of spare time might JUST petition a justice for a warrant, and search it just because.

Or he might just arrest you for no reason and search the vehicle as a matter of course. This particular arrest/search is not constitutional but I guarantee it happens everyday.

And to the second part - I'd normally cite precedent here, but suspect that you are incapable of understanding that concept. I'll just say - that if you are served with a search warrant and they find something else illegal while legally searching for something else - it is completely permitted in court and you are going DOWN.

As long as the "original" search is permitted (such as in the case of an arrest - the immediate surroundings, including the vehicle in which that person was driving), a search warrant, or if you simply say "yes, you may search", or if you present yourself for re-entry to the USA from a foreign land, or if you trespass upon property deemed by the dept of homeland security as a "port of entry", or enter a marina designated as such, or attempt to board a domestic flight, or attempt to enter nearly all government owned facilities, such as the Social Security office, various govt agency buildings, federal buildings, courthouses, etc. In all those cases you are also subject to search. Therefore - when the feds bust you for dealing coke, they can certainly nail you for fencing stolen property.

It should not have taken them a week to cite me if I were therefore the person who issued the ticket can not be considered knowledgeable in these violations.

There are several logical fallacies presented.

It presumes that a person continuously monitors that particular space, which is known to not be true as a matter of course. It takes them as long as it takes them. Consider yourself lucky the car is still there.
It also concludes that a person isn't "knowledgable" about something based on a time frame. This is ludicrous.
It also concludes that someone isn't guilty of a crime simply because they haven't been caught yet.

 

[QuantumPion]

Problem is in Md is 35% which is a dang on joke

Pfft, I wish I could get 35%. In VA it's 50%, which is hardly noticeable.

 

[bruceb]

The main issue police have with very dark tint, is they can not see inside the vehicle. Bad for an officer when approaching a car for a traffic stop, from a safety issue. You could have a gun and be ready to shoot him down (it has happened many times). And with too dark a tint, they can't see in to see if you are doing something blatantly illegal. So states do have a limit, which in most cases is a good compromise.

 

[BurnItDwn]

If they see dark tint that is probable cause to suspect it's dark tint, is it not?

 

[ViviTheMage]

The main issue police have with very dark tint, is they can not see inside the vehicle. Bad for an officer when approaching a car for a traffic stop, from a safety issue. You could have a gun and be ready to shoot him down (it has happened many times). And with too dark a tint, they can't see in to see if you are doing something blatantly illegal. So states do have a limit, which in most cases is a good compromise.

When I pass cops with my 20% and 15% on the rear ... I just roll em all the way down . Sure it looks stupid in the winter, but they wont pull me over!

This is only in the burbs ... Minneapolis cops could give two shits.

 

[Soundmanred]

www.iamanidiot.com

 

[zerocool84]

I have 30% all around which is illegal in Cali, no tint in front windows at all. 30% is not too dark which is why I got it like that, if they can still see in, less likely to get ticketed for it. I know it's illegal and will accept the consequences if it comes down to it.

 

[jtvang125]

I have 30% all around which is illegal in Cali, no tint in front windows at all. 30% is not too dark which is why I got it like that, if they can still see in, less likely to get ticketed for it. I know it's illegal and will accept the consequences if it comes down to it.

Depends a lot on what type of car you drive as well. A ricer or a car on 30" chrome wheels are going to attract much more attention. I'm in Ca too and tinted all around but have never been ticketed for it. I drive a large luxury car where the majority of drivers are elders so I'm not much of a target.

 

[BarkingGhostar]

Ignorance is no excuse for breaking the law. Unfortunately, ignorance often leads to unwanted and unplanned births that lead to more ignorance.

 

[ShawnD1]

If they think you are doing something illegal they can check can't they?

For little things, they'll give you the ticket first and you need to fight it. They obviously can't measure exactly how dark your window is or how loud your exhaust is. If it's so bad that they notice, it's up to you to prove that you're still somehow within the limits (unless you want them to jack up your taxes so they can put sound and tint measuring devices in every police car).

 

[ShawnD1]

i have it, but for real medical reasons. glare and headaches from light. i believe its called acute photosensitivity. stupid cop once pulled me over and said why can't i just wear sunglasses instead of having tint. i'm not cory hart asshole, i can't wear my sunglasses at night.

Wait so you're saying that the NIGHT TIME light is so bright that you need windows tinted? If you had untinted windows at night, you would have headaches?

You should probably not be allowed to drive a car. Or have children.

 

[qliveur]

I got pulled over for my tint a while back. Cop told me to roll the window down half way, pulled out this clamp type device that shines light through and measures throughput on the other side, said it was too dark. Bam, $128 ticket.

I'm going to fight it just to be a pain in the ass. I've owned the car for two years and never been pulled over for it. The person I bought it from had it for five years and swears she never got hassled about it, and she bought it from out of state where the tint laws are different. If the judge still wants me to pay the fine, I guess that's his prerogative, but at least I wasted the courts time.

Remove the tint before you go to court, and the judge may waive the fine.

Always go to court for stuff like this; speeding tickets included.