Ask a Cop?–Window Tinting

—–Original Message—–
From: Anneelizabeth
Sent: Thursday, July 28, 2011 12:25 PM
To: info@coptalk.info
Subject: Window Tint

My car is registered in North Carolina where I live and have a valid driver’s license. I received a summons for the window tint. I went to court and had a copy of my inspection that had been done in NC and the window tint passed. The Judge did not look at the inspection and said the tint was not legal in Va. and asked if I had "fixed" it and fined me plus court costs. If my car is legal in the state where it is registered, how can another state ticket me. And call it an equipment violation?


You’ll get different answers with everyone you ask.

My opinion is if you get a ticket for window tint while just passing through a State where tint is illegal, and you can prove you LIVE in another State, your odds of getting the ticket dismissed are good.

Example:

You live in AZ where tint is legal and your vehicle registration and license show your AZ address. You pass through CA on your way to Disneyland while on vacation with your family and get stopped for tint. First off, most cops wouldn’t give you a ticket once he sees your minivan packed with suitcases and you explain your just taking little Timmy to Disneyland on vacation but then again, there are cops who are ticket writing machines who just worry about how many tickets they write. Even if you get a ticket from one of these cops it should be dismissed once you prove you were just passing through.

But:

If your car is registered in another State (just to save money on registration or because tint is legal there) and you actually live in another State, even part time, getting the ticket dismissed might not be so easy. If the judge has any doubts of your residency or believes you just have your car registered in NC but live in Va, you’ll have to prove otherwise. Just proving you have a drivers license or car registered elsewhere isn’t enough. I can register my car in another State and get an inspection sticker, doesn’t prove I live there. A lot of people have drivers licenses from two States. Like I said, a lot of people live here in CA but register their vehicles elsewhere just to save a few bucks from California’s exorbitant vehicle license fees. Basically if you "establish residency"  by living or working in a State, then you must abide by the laws of that State. Once you establish residency here in CA, you have (10) days to change your registration and license info with the department of motor vehicles (DMV). Not sure how long other States give you.

Bottom line is proof

Not sure what happened in your case, maybe Va needs cash bad in this economy. I’d advise anyone in a similar situation to take utility bills with your address on it such as a water bill, PG&E, cable, garbage. maybe a paycheck stub etc to court with you or submit them by mail if you can. That should help show you actually live and work in a State where the tint is legal.  
It would be interesting to hear from a traffic lawyer or a judge for their opinion.

Anyone out there?

Comments (2)

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  1. Julie Holt says:

    I have a question concerning window tint and the law. I have a friend who was stopped for window tint being on the back rear windows as well as the back window. The officer gave him 3 tickets for each one of the windows. Can they give someone a ticket for each window.

  2. Mike says:

    My car has 3% tint on it I payed for my car if they want the tint off of it they can make my car payment all the laws they make up it get money out of us it makes me mad cops stop me all the time they have no right to tell us how dark we can have tint we r America home of the free right piss on them

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