Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Parking Tickets and Non-Moving Violations

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-27-2008, 11:03 PM
Junior Member
 
Join Date: Aug 2008
Posts: 5

Tinted windows


What is the name of your state (only U.S. law)? NY

I got stopped in Long Island (suffolk county) for my 20% window tints (on all windows, except front)

i believe it was a state trooper who pulled me over; he didnt use any device to measure the tint.

this is my second time getting pulled over for window tint. the first time, the officer used the measuring device on my window.

Would i be ableto get this dimsmissed becuase of this technicality? Do i have to remove my window tint first in case they want to see that my car does not have tints?
    Reply With Quote
  #2  
Old 08-28-2008, 02:23 AM
Senior Member
 
Join Date: Feb 2007
Posts: 8,270
Your best bet is to have the car made legal before going to court. You're running the risk of being ticketed again and again if you continue to break the law. If you show that you are in compliance most courts will dismiss the fine.
    Reply With Quote
  #3  
Old 08-28-2008, 10:09 AM
Senior Member
 
Join Date: Jan 2005
Posts: 21,711
How did you get out of the first ticket without taking off the tint?
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
    Reply With Quote
  #4  
Old 08-28-2008, 11:08 AM
Senior Member
 
Join Date: Jun 2004
Posts: 7,579
NY uses two methods to test tint. One is a meter that sits on top of an open window, shines a known amount of light to itself and measures how much the tint absorbed. The other is a bunch of "slides" of tints of various darkness which the officer holds up next to your window and compares the two till there's a match. (Used for windows that do not open).

If they didn't use either method, then the officer based the ticket on "eyeballing", which as a practical matter, is probably a fairly accurate method (legal tint is about as dark at that strip at the top of your windshield), but not a legally acceptable method. So you can try fighting it, but even without a valid tint test, your chances of success (especially on your own) are less than 100%.

If I recall, the ticket is only $65, so it might even be easier just to pay it and hope you don't get caught again
__________________
Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
    Reply With Quote
  #5  
Old 08-28-2008, 10:10 PM
Junior Member
 
Join Date: Aug 2008
Posts: 5
Quote:
Originally Posted by Zigner View Post
How did you get out of the first ticket without taking off the tint?
i didnt get out of the first ticket...i paid 150$
    Reply With Quote
  #6  
Old 08-28-2008, 10:12 PM
Junior Member
 
Join Date: Aug 2008
Posts: 5
Quote:
Originally Posted by You Are Guilty View Post
NY uses two methods to test tint. One is a meter that sits on top of an open window, shines a known amount of light to itself and measures how much the tint absorbed. The other is a bunch of "slides" of tints of various darkness which the officer holds up next to your window and compares the two till there's a match. (Used for windows that do not open).

If they didn't use either method, then the officer based the ticket on "eyeballing", which as a practical matter, is probably a fairly accurate method (legal tint is about as dark at that strip at the top of your windshield), but not a legally acceptable method. So you can try fighting it, but even without a valid tint test, your chances of success (especially on your own) are less than 100%.

If I recall, the ticket is only $65, so it might even be easier just to pay it and hope you don't get caught again
Out in suffolk county,ny its $100 fine...plus $50 surcharge...plus $20 per violation in a single incident (enacted 8/1/2008)

i dont know if this is true in the rest of ny.
    Reply With Quote
  #7  
Old 08-28-2008, 10:20 PM
Junior Member
 
Join Date: Aug 2008
Posts: 5
BTW i got ticketed on 8/24 but on the ticket it says 8/31
i went to the TVB and the tickets are not in the system yet

also my last name is mispelled.

any chance these would dismiss the charges?

I doubt it'll work, but if anyone knows...


For measuring the tinted windows , the officer used neither method (he just eyeballed)
so if i plead not guilty, what evidence do i have to show? and if i'm found guilty does that result in higher penalties? because if not, then i might as well give it a shot.
    Reply With Quote
  #8  
Old 08-29-2008, 05:06 AM
Senior Member
 
Join Date: Feb 2005
Location: Elgin, IL USA
Posts: 1,089
What are you going to say when they ask you what you did and when to correct the equipment violation since the last time you were fined?
    Reply With Quote
  #9  
Old 08-29-2008, 10:24 AM
Senior Member
 
Join Date: Jan 2005
Posts: 21,711
Quote:
Originally Posted by cheeseballs View Post
i didnt get out of the first ticket...i paid 150$
So, your state doesn't require you to certify that you corrected the problem also? I find that difficult (but not impossible) to believe.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
    Reply With Quote
  #10  
Old 08-29-2008, 10:42 AM
Senior Member
 
Join Date: Nov 2005
Location: New Vertiform City
Posts: 5,134
Quote:
Originally Posted by Zigner View Post
So, your state doesn't require you to certify that you corrected the problem also? I find that difficult (but not impossible) to believe.
New York State is happy to collect multiple fines from tint lovin' cheesballs.
__________________
I've often thought of becoming a golf club.
    Reply With Quote
  #11  
Old 08-29-2008, 10:44 AM
Senior Member
 
Join Date: Jun 2004
Posts: 7,579
Quote:
Originally Posted by cheeseballs View Post
BTW i got ticketed on 8/24 but on the ticket it says 8/31
i went to the TVB and the tickets are not in the system yet

also my last name is mispelled.

any chance these would dismiss the charges?

I doubt it'll work, but if anyone knows...


For measuring the tinted windows , the officer used neither method (he just eyeballed)
so if i plead not guilty, what evidence do i have to show? and if i'm found guilty does that result in higher penalties? because if not, then i might as well give it a shot.
The errors you mention don't provide any sort of viable defense.

But unless there's a notation on the violation as to what your tint's light transmission was measured at, I'd definitely plead not guilty on the basis that there's no legally admissible evidence that your tint was too dark. If, by some miracle, the officer shows up, you just need to ask him what his training and qualifications as a "tint darkness estimator" are (there is none, which is why they use a meter). Absent expert testimony or meter testing, his OPINION that the tint was too dark is insufficient to support a guilty finding.

Of course now, while that's the law, there's no guarantee that is how it would play out at the TVB. I've gotten my fair share of tint tickets in the past and usually just paid them, as the the tickets (used to) cost less than the aggravation the TVB caused.

But even if you're found guilty, I think you have a pretty good shot on appeal (which requires you to pay the ticket first, so yes, there is a down side to pleading not guilty I suppose).
__________________
Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
    Reply With Quote
  #12  
Old 08-29-2008, 10:44 AM
Senior Member
 
Join Date: Jan 2005
Posts: 21,711
Quote:
Originally Posted by xylene View Post
New York State is happy to collect multiple fines from tint lovin' cheesballs.
And they call California strange
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
    Reply With Quote
  #13  
Old 08-29-2008, 10:46 AM
Senior Member
 
Join Date: Jun 2004
Posts: 7,579
Quote:
Originally Posted by Zigner View Post
So, your state doesn't require you to certify that you corrected the problem also? I find that difficult (but not impossible) to believe.
Equipment violations are weird. If you correct the problem (i.e. remove the tint) within 24 hours of receipt of the ticket, and take the vehicle to a local precinct to have an officer inspect and certify that the violation was repaired, you can usually get out of the ticket. Alternatively, you can just pay the ticket and leave your car the way it is, and just hold your breath until the next ticket is issued for the same violation.
__________________
Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
    Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 07:10 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.