Ticket for tinting

[r95lexus]

What is the name of your state (only U.S. law)? Washington
I purchased a car in December,2008. My husband was driving the car and was ticketed for illegal tinting. He tried to explain to the officer that the car was purchased with the tint and he had no way of knowing that the tint was illegal. Instead of the office isssuing a fix ticket, he wrote a traffic ticket in the amount of $124.00. Due to my husband's employment, it will be hard for him to take off of work. I sent the ticket back requesting a Mitigation hearing which is scheduled for April 10th. I want to change the Mitigation hearing to a Contested hearing. Can I do this since the Mitigation hearing is sheduled two months from now? The reason being that the Officer was bias and I want the state to prove by a preponderance of the evidence that we are responsible for the illegal tinting. The dealership corrected the tinting and issue in writing of selling the vehiclewith the incorrect tint. This infraction should not have been issued, I feel that justice will only be served if I contest the infraction and request discovery. I can not let this infaction be a hinder to my husbands license or have my insurance rate go up, because of the matter. Can you share any advise on my wish to change the hearing?

Thanks

 

[The Occultist]

The reason being that the Officer was bias

Can you please explain in what way, precisely, the officer was biased?

The dealership corrected the tinting and issue in writing of selling the vehiclewith the incorrect tint.

Showing this to the court will greatly improve your chances on getting a lowered fine, or even potentially an outright dismissal.

[/quote]This infraction should not have been issued[/quote]

Please don't think me heartless, but I must disagree; the tint was illegal, regardless of knowledge of such (please note that ignorance of the law is no excuse), and as such the ticket is justified.

I can not let this infaction... have my insurance rate go up

I'm not sure if this is actually a moving violation. Can you please provide the code you are being charged against?

Can you share any advise on my wish to change the hearing?

Going in with proof (such as your letter from the dealership) will greatly improve the odds that you'll see some form of leniency from the courts, so do not completely lose hope here. Also, I must always recommend seeking an attorney. Local attorneys know exactly what the courts want to hear, and as such present the highest potential for yielding the most favorable results. Many attorneys will offer free/cheap consultations, so you should take advantage of this and sit down with a couple to see what insight they may have to offer.

Thanks

No worries. Please note that I am not an attorney, or otherwise any sort of expert here; if I am mistaken in any advice I have given you, somebody will certainly be by shortly to correct me.

 

[Maestro64]

The simple question how did the officer determine the tint was illegal.

I do not know the specifics for WA and if its tints laws are like most states then tint can not be beyond a certain % of transmittance. If WA follows the rules like most states the officer would have to have used a meter to measure how much light passes through the glass with tint on it. If he did not do a measurement then it just his opinion at that point and there is no way to know if it was or was not illegal especially if he made the decision at night or during low light. if he tries to claim he has trained eye ask him when it was last calibrated.

It sounds like WA is doing like many other states which is to raise the fines on simple fix-it-tickets and turning them into traffic violation which means you have to pay even if you fix the problem. In the past you only paid if you failed to fix the problem, now you pay no matter what.

On the speedy trail thing, again most states allow a long period of time before a traffic ticket has to be heard, however, in WA traffic violations are civil matters so usually there are no time limits to bring forth a civil matter as long as the citations was issued within a timely manor of the offense being committed.

 

[Zigner]

The simple question how did the officer determine the tint was illegal.

I do not know the specifics for WA and if its tints laws are like most states then tint can not be beyond a certain % of transmittance. If WA follows the rules like most states the officer would have to have used a meter to measure how much light passes through the glass with tint on it. If he did not do a measurement then it just his opinion at that point and there is no way to know if it was or was not illegal especially if he made the decision at night or during low light. if he tries to claim he has trained eye ask him when it was last calibrated.

Based on the officers training and experience, he will state that it was illegal. OP can offer proof that it wasn't. Such proof would be impossible to get, since the OP and the dealer AGREE that the tint was illegal and caused it to be removed.