Jump to content

OK... Tint law... Thoughts?


Moto-Brian
 Share

Recommended Posts

The safest bet is to lighten up the tint and go to court apologizing.

This is what I would do. Tint does not need to be limo all the way around to hide stuff. Limo in the back and 35 in the front would still hide your stuff since there is no light coming in from the back and not much from front. You will be able to see some stuff in the front seat but the back will be very hard to see.

Link to comment
Share on other sites

I suppose if you're hell-bent on fighting this, the fact that the statute does not define legal or illegal tint should technically make the law "void for vagueness."

The average person has to be put on notice that they're breaking the law, thus the law has to be specific enough that you can be sure you're in violation or compliance. I didn't pull up the ORC language, but if there really is no specificity, that is a valid defense.

Then again, a judge could look at limo tint and say, "there is no way that is necessary, and you easily should have known that police can't see inside - in fact, that's explicitly why you did it. Preventing thieves from seeing your stuff also prevents the police."

So the law could still be vague, but your individual vehicle's tint may not be.

Link to comment
Share on other sites

I skipped the middle 3 pages, but I think this boils down to two pretty simple but opposing views:

1) the tint law is just an excuse to pull people over and check for suspicious activity; thus actual tickets shouldn't reall come into play unless there is another violation (rolling meth lab?)

Or

2) repeated warnings only aggravates the offense rather than mitigating it.

A judge could one down on either side of this just as many of us have. The safest bet is to lighten up the tint and go to court apologizing.

Chris-

Is it worth taking it off and taking pics and going to court or just pay the fine and take it off to avoid hassle? Meaning, do you think the judge will toss it out if I get it removed? Otherwise, why pay for the removal and go to court and waste a morning if I am going to most likely pay the fine anyways...

Link to comment
Share on other sites

Where I come from it was an equipment issue, and had to be remedied within a certain number of days or they would simply revoke your registration so the next time you got pulled over the vehicle was confiscated, you were ticketed and jailed because of failure to comply. Then you either fixed it or paid storage fees until you did.

Guess I'm surprised they would not make sure you corrected the problem before allowing you back on the road. Weird how things can be so different depending on the locale.

Good luck with your dilemma.

Link to comment
Share on other sites

Where I come from it was an equipment issue, and had to be remedied within a certain number of days or they would simply revoke your registration so the next time you got pulled over the vehicle was confiscated, you were ticketed and jailed because of failure to comply. Then you either fixed it or paid storage fees until you did.

Guess I'm surprised they would not make sure you corrected the problem before allowing you back on the road. Weird how things can be so different depending on the locale.

Good luck with your dilemma.

Yeah, I actually expected them to sit there and have me pull it off... I wasn't told anything like registration held, etc., but was told there was no grace period and I could get a ticket on my way home if stopped...

Link to comment
Share on other sites

Chris-

Is it worth taking it off and taking pics and going to court or just pay the fine and take it off to avoid hassle? Meaning, do you think the judge will toss it out if I get it removed? Otherwise, why pay for the removal and go to court and waste a morning if I am going to most likely pay the fine anyways...

You're risking adding court costs to the ticket, but call the prosecutor and explain the situation. Ask if your case has been assigned to a judge, or if that doesn't happen until after you actually show up and plead not guilty.

But yes, if you acknowledge that you were in violation of the law, but also take steps to become compliant BEFORE your court date, most judges appreciate that you've been proactive about remedying the situation and are likely to dismiss the charges.

Ask the prosecutor or law director what he/she thinks. (s)he deals with the judges on a regular basis, and it may depend on who you're in front of, but this is just as much a waste of the prosecutor's time as it is yours... I have to believe that if you show up with before/after pictures and show some remorse, you would walk out of there with a dismissal, or at the very least with a reduced charge and lower fine.

Heck, the prosecutor might just say "email me before/after pictures, and I'll let you know if you still have to appear." Might avoid court all together. And whether this is true or not, you may want to throw in, "the ticket is for $xxx.xx, and it's going to cost me almost that much to have the tint reduced - I'm happy enough to comply with the law; I just don't want to basically pay double-the fine for doing the right thing, rather than just paying the fine and waiting to get ticketed again..."

Edited by redkow97
Link to comment
Share on other sites

that's not what the ACLU told me... :D

Then they are misinforming you. Your eyes can not commit a trespass. If you are legally in the spot (meaning in a public place), you are not doing anything illegal looking into a vehicle on a public street. The same applies to someone standing on your sidewalk and looking into your window at your naked spouse. While you are in a private place, you have your windows open for anyone to view. As long as they are on public property, they can stare all they want. It is your responsibility to close your curtain to gain privacy. They are legally in the spot they are in by being on the sidewalk. Now, if they walk onto your lawn, that is a different story.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...