SC3005SPD1

my last car was a 95 hyundai sonata lol, dont laugh, well go ahead lol but ne way it was silver with 35% in the front and 30 in tha back. The car had rims, non chrome and it was clean and waxed. I was on the fdr on my way to the gwb to sell the car in jerzee where there was a spot check wen i got off the exit after i made a wrong turn. So im sitting there and Im sayin to mahself watch they pull me over. And they did, mind you my car is registered in ga since i go to school there but i have a ny liscene. So of course they give me a ticket for illegal tint which im fighting on friday. However.... i saw the new range with tint darker than mine with a bunch of buisness men in it. Then i see a new s500 with tint drive by and im pissed cuz they let them go but stop me for a ticket. THis is my 1st time im going to fight a ticket. How should i go about it?

ps. car had ga plates with everything in order. I was on my way to selling the car that day. its really messed up when people that may have or look like they have money can bypass the police but people like me especially a young col student gets harrased. it happened in sept 04.

IS300ED

Leave the part about the other cars with tints out of your testimony. That is irrelevant to the case and doesn't construe an affirmative defense. Leave the harassment part out--they don't want to hear it.

What does constitute an affirmative defense, however, is the fact the car had Georgia plates. Section 375 of the New York State Vehicle & Traffic Law ("VTL") pertaining to tint regulates vehicles bearing New York State registration. I don't have the section in the VTL handy, but if I find it, I'll pass it along.

All you really need to do is state you were in compliance with equipment regulations for Georgia vehicles. Do you have a copy of the registration to show the judge?

And also, how long ago did you receive this ticket? Was the officer a precinct guy or a Highway patrol cop?

SC3005SPD1

he was a regular precint cop. I still have my old plates registration insurance card and bill of sales from which i sold the car. I'll just refer to the vtl and see what happens. I guess ill leave out all the rest of the unimportant things. But if i can get exactly whats the law it would help me out alot

IS300ED

Violations for tinted windows fall under VTL 375-12-ab(2). That means, section 375, subsection 12-ab(2). Under Section 375, Subsection 12, it states, "It shall be unlawful to operate on any public highway or street in this state any motor vehicle registered in New York State ....." and then branches off into the various additional subsections, 12-ab(2) indicating that the front windows must have a light transmittance of 70% or greater.

Because the tinting regulation falls under 375 Sub 12, and this section has a clause indicating vehicles registered in New York State, you can make an application/motion for a not guilty verdict based on this fact. You state, "your honor, motion for a not guilty verdict," and then explain the above. It would help if you had the VTL book to show if necessary--they are about $1.50 at the DMV. Also bring your paperwork indicating the car was not registered in NY.

SC3005SPD1

thanks alot... ima print this out and take it with me. I really appreciate it!!!

KoSC300

wow... great information man. Sounds like something I could use in the future. Too bad i'm not registered in GA. lol, j/k... anyhow... goodluck and let us know how it goes...

SC3005SPD1

NOT GUILTY!!!! i dont have to pay for the ticket! Yesssss! lol Funny thing is that i was 35 mins late and the cop was still there. I didnt recognize him at 1st then i looked at his name and i remembered. Any way the judge called us to the bench did the swear bla bla's and she asked the cop what happened. He proceded about the check point bla bla bla, and his last statement was that he gave me a ticked cuz its illegal in ny to have tint lower than 70% and he said i had 20% in the front and 7.9 in the back this is news to me! Ne way the judge said is that all? And he said yea and she said NOT GUILTY!! lmao i know he felt like a ***.... f-ing rookie! Its 70% for ny state registered cars fool! Ne way he got his hat and stormed out the room. So im happy now and Ima get the darker tints now since im exempt from this law. Thanks guys for the help even though i didnt say not one word.

IS300ED

Well that's good that you were found not guilty. My guess is that he did not make this statement: "to confirm the visible light transmittance level on the defendant's window, I utilized a department issued, properly calibrated Laser Labs Model 100 tint meter," and that is why you were found not guilty. Either that, or the judge saw on her copy of the ticket that you had a GA reg.

In the officer's defense, they do not really get into the meat and potatoes of the New York State Vehicle and Traffic Law at the police academy. You're taught what is what, but only a Highway Patrol officer, an attorney or someone who REALLY knew the VTL would know that most of the equipment requirements pertain only to NY state registrations. The officer most likely believed he wrote a legit ticket.

In any event, I'm glad you were found not guilty.

SC3005SPD1

yea man he was madd and stormed out lol But i appreciate the advice ill know for next time. One again thanks