My brother was recently pulled over in the state of Virginia for his window tint being too dark. However his car is registered in North Carolina. The cop checked the tint and said that the tint was illegal in NC so he gave him a ticket based on a NC law enforcing a VA state fine. Can they do this and how can he fight this?
Thanks for any info
ere are some answers for you:
If i remember correctly, from the police academy and penal code, I could only cite for violations in my state. As a Peace officer in the state of California, the authority section gave me peace officer powers only inside the boundary of CA, unless i was in "fresh" pursuit of a criminal across state lines. The other exception was warrants for a person from another state.
As far as Virginia and N.Carolina, I am not certain but they are boarder states and may have some type of agreement between the two states.
If i were you, I would look into the matter from both Virginia and N.
Carolina vehicle code laws.
Here’s my opinion:
If your brother was only visiting Virginia but he lives in NC then he should be able to get the ticket dismissed. But if your brother has established residency in Virginia where tint is illegal, he will probably be liable for the ticket. Here in CA, tint is illegal on the front side windows. Sometimes I’ll stop a vehicle from AZ for a violation and it has tinted windows. Tinted windows are legal in AZ. If they are just visiting CA and have a driver’s license from AZ showing they live there, and the car is registered to them in AZ, I don’t cite them. But if they have a CA driver’s license and live here, they may get a ticket. A lot of people register their cars out of state to avoid expensive CA fees but it they live in CA, then they must abide by CA laws.
Hopefully that points you in the right direction….