Moving Violation- Windows not clean

[Quenzer]

My state is Wisconsin.

I was pulled over because my rear window was fogged up from the inside. I hadn't had anything to drink, but I had four friends that were under 21 in the car with me that had a shot of vodka 15 minutes earlier.

The police officer didn't ticket me for the fogged up window.

I was asked to give a breathalizer, and I did. I blew a .05 without drinking anything, so they handcuffed me and took me to the police station. The did the same for my friends after they admitted to drinking.

After I took another breathalizer on the most accurate machine they had it finally came out .000, but the sargent there told the officer to give me the ticket for the fogged windsheild because he was "pissed off at me for taking my friends to a party."

Should I fight the ticket, and if so what can I say in court?

Also would I have a chance at suing the police station for a false arrest?

 

[HomeGuru]

My state is Wisconsin.

I was pulled over because my rear window was fogged up from the inside. I hadn't had anything to drink, but I had four friends that were under 21 in the car with me that had a shot of vodka 15 minutes earlier.

The police officer didn't ticket me for the fogged up window.

I was asked to give a breathalizer, and I did. I blew a .05 without drinking anything, so they handcuffed me and took me to the police station. The did the same for my friends after they admitted to drinking.

After I took another breathalizer on the most accurate machine they had it finally came out .000, but the sargent there told the officer to give me the ticket for the fogged windsheild because he was "pissed off at me for taking my friends to a party."

Should I fight the ticket, and if so what can I say in court?

Also would I have a chance at suing the police station for a false arrest?

**A: C'mon man, there is more to this story.

 

[Quenzer]

The fine was an unreasonable $156

I took two breathalizers with the portable device and they both said .05. Then I took the breathalizer on the machine at the police station that said .000

I was stopped immediatly after leaving a party that I had just stopped at for approximatly 20 minutes, so the officer probably saw me come out of the house the party was in.

My four friends all got underage drinking tickets.

 

[calatty]

What law does your ticket say you violated? Without that information, we can't say whether you should fight the ticket.

 

[Quenzer]

the description of violation was "MV windows not clean"
under the Defendant Violated area it said Ordin No. 3891 addopting State Statute No. 346.88(4)

 

[calatty]

State statute 346.88 says:
(1) No person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons, or any persons so situated, as to obstruct the view of the operator to the front or to the sides or as to interfere with the operator having free use of both hands and feet to the operating mechanisms or controls of the vehicle.
(2) No passenger in a vehicle shall ride in such a position as to interfere with the operator's view ahead or to the sides or to interfere with the operator's control of the operating mechanism of the vehicle.
(3)(a) No person shall drive any motor vehicle with any sign, poster or other nontransparent material upon the front windshield, front side wings, side windows in the driver's compartment or rear window of such vehicle other than a certificate or other sticker issued by order of a governmental agency. Such permitted sticker shall not cover more than 15 square inches of glass surface and shall be placed in the lower left-hand corner of the windshield; the left corner being on the driver's left when seated behind the wheel.
(b) No person shall drive any motor vehicle upon a highway with any object so placed or suspended in or upon the vehicle so as to obstruct the driver's clear view through the front windshield.
(c) No person shall drive any motor vehicle upon a highway so loaded or with any object so placed or suspended in or upon the vehicle so as to obstruct the driver's clear vision through the rear window unless such vehicle is equipped with an outside rear view mirror meeting the requirements of s. 347.40.
(d) Signal lamps used by authorized emergency vehicles shall not be considered a violation of this section.
(4) The windshield, side wings and side and rear windows of a motor vehicle shall be kept reasonably clean at all times.


Sounds to me like you violated subdivision (4). You'd have an uphill battle arguing fogged up is reasonably clean. You should probably just pay the fine.

 

[Quenzer]

Thanks for your reply.

Does it matter that the ticket was given to me after I took the breathalizer saying .000?

Also the police never read me my rights, so can I get off on a technicality?

 

[Ramoth]

FIrst, had the breathalyzer shown that you were impaired, they would have probably dropped the dirty window for the more important DUI.

Second, (to quote some of my fave regulars) stop getting all your legal information for TV. They only have to read you your rights if they intend to interrogate you.

 

[JETX]

"Does it matter that the ticket was given to me after I took the breathalizer saying .000?"
*** No. Though you may feel that this lesser ticket was some type of retaliation, the fact remains that your own admission ("I was pulled over because my rear window was fogged up from the inside") would be a violation of the statute and the ticket would stand.

"Also the police never read me my rights, so can I get off on a technicality?"
*** They don't need to Mirandize you for a traffic ticket.... or even to arrest you for DUI. The 'Miranda warning' is only required in the event that they question or interrogate you with the likelihood that your admission or response could be used to determine your guilt.

 

[Jenni_Pooh2]

I am curious as to how you registered a .05 BAL on the breathalizer if you had not been drinking at all.

Pay the $156 ticket and consider yourself lucky that they didn't strap you with a DUI which is much more expensive.