Tint Violation

 

I got 2 tickets for my 2 front windows in NYC. I have Florida License and Registration.

Any ideas to defeat it?

Thanks in advance.

--
Garmin Nuvi 2555 LMT, Street Pilot C340, nuvi 265WT, Mio Moov 300, nuvi 255W, Navigon 2100 (Retired)

Equipment violation

If it is an "equipment violation" you may be able to have a qualified shop remove the tint from those windows and certify that it is removed. Then the fine may be reduced.

Even though you have Florida registration you must comply with NY laws while in NY. However, you may find that Florida and most states have the same law about tinting. They didn't tell you this at the tinting shop - they just took your money.

dobs108 sad

Interesting..

I always thought if your vehicle was "legal" in one state.. that it was also "legal" in all the other states. Maybe we can have one of our resident LEO's answer your situation.

Nuvi1300WTGPS

--
I'm not really lost.... just temporarily misplaced!

not always

Nuvi1300WTGPS wrote:

I always thought if your vehicle was "legal" in one state.. that it was also "legal" in all the other states. Maybe we can have one of our resident LEO's answer your situation.

Nuvi1300WTGPS

It sounds from the OP it is an aftermarket tint job. In that case there is no guarantee it was legal in Florida. As stated, they offered a darker than allowed tint, installed it, and took the money without ever informing the buyer the tint was darker than legally allowed. Kind of a "don't ask, don"t tell" situation. KMO didn't ask and they didn't tell.

--
Illiterate? Write for free help.

Window Tint Laws by State

Scroll down a bit from the top of the webpage and you can access the various tinting laws by state.

http://www.tintcenter.com/laws/

I thought the same

Nuvi1300WTGPS wrote:

I always thought if your vehicle was "legal" in one state.. that it was also "legal" in all the other states. Maybe we can have one of our resident LEO's answer your situation.

Nuvi1300WTGPS

I live in Arizona where we can tint pretty dark. I have never been pulled over in Calif. with my AZ plates and dark windows, however, my brother had the same tint on his CA car and got a ticket for the fronts being too dark in CA. It would be interesting to know the laws of others states when you are legal in your own state.

--
Larry - Nuvi 680, Nuvi 1690, Nuvi 2797LMT

Window Tinting

Florida allows for a Medical Exemption for Window Tinting. If you have Lupus, or have had any kind of skin cancer you obtain the form from the DHSMV website fill it out and have a doctor sign it. It is only good for the vehicle that you have at the time of the exemption. State of Florida sends you back the approved exemption form. You take it to a Tinting shop and they will install Darker then allowed Tinting. You just need to carry it with you at all times. Last trip to North Carolina we had no problem with other states. Majority of states will honor an exemption issued by another state.

Same in GA

If your tint is too dark for GA they can and do give tickets no matter what state you vehicle is licensed in.

.

Each state can enforce its own tint laws. Here's a nice summary http://www.iwfa.com/iwfa/Law_Chart/auto_statelaws.html

Not So

Nuvi1300WTGPS wrote:

I always thought if your vehicle was "legal" in one state.. that it was also "legal" in all the other states. Maybe we can have one of our resident LEO's answer your situation.

Nuvi1300WTGPS

Vehicle laws are not the same in all states. Example, New York requires both front and rear license plates. Florida only requires a rear plate. What's OK in NY may not OK in another state.

--
Bob: My toys: Nüvi 1390T, Droid X2, Nook Color (rooted), Motorola Xoom, Kindle 2, a Yo-Yo and a Slinky. Gotta have toys.

Yes, but

Ohio, like New York, requires both front and rear license plates. Indiana only requires and issues a rear plate. Ohio will NOT ticket Indiana cars for not having a front plate just as Indiana will not ticket Ohio cars for HAVING a front plate. Most states do honor equipment laws of other states. I don't think it is written into the laws, just kind of a handshake and turn the blind eye. But you have to remember that New York doesn't seem to realize that when income goes down, so should spending. They are ticketing people for sitting on milk crates on the sidewalk. THEY NEED THE MONEY.

kmo wrote: I got 2 tickets

kmo wrote:

I got 2 tickets for my 2 front windows in NYC. I have Florida License and Registration.

Any ideas to defeat it?

Thanks in advance.

I am from Florida and it is illegal to tint your front window in Florida.I think it is a great idea to keep glare out of your eyes etc,but the states don't see it that way.A friend had her front windshield tinted and it helped keep a rock from coming thru the front windshield.

Same issue

Same issue in Canada. I moved from Ontario to BC a few years ago and had to have the dark tint on the driver and passenger front windows removed before I could license by 2 vehicles in BC. At the time I was told that BC and Quebec were the only 2 provinces that didn't allow dark tint on the front windows.

--
Nuvi 350, 760, 1695LM, 3790LMT, 2460LMT, 3597LMTHD, DriveLuxe 50LMTHD, DriveSmart 61, Garmin Backup Camera 40 and TomTom XXL540s.

Go to court and fight it, Judge should dismiss it

go to court and fight it, if it has florida plates, up to date Florida registration and up to date florida vehicle inspection sticker they will most likely dismiss the tickets, But a few questions, how did you get 2 tickets for tint was it the same day? Was there any other violations issued?, Did it involve an accident? Did you piss off the officer? Bottom line if it is legal in your state< ( the state the car is registered in) the judge will dismiss the tickets if you go to court.

Front License Plates?

I find the lack of front license plates analogy interesting in that one the one hand, a person chooses to add tinting, which may be a violation in a state they travel to. On the other hand, if you live in a state that only issues rear plates, you have no choice. You can't (at least as far as I'm aware) ask/demand that the state give you a second license plate for the front. But I can see how a two-plate state might actually think about ticketing a person from a one-plate state (wanting the money, no matter how short-sighted). It'd be interesting to see that one as a court case; one could go down various bunny trails regarding bringing equipment legal in one state into another state where it's not legal (after all, "you don't HAVE to bring your car into our state"), interstate commerce, etc.

--
"Stop Global Whining" [Nuvi 250W, Nuvi 265WT] [Mercury, NV]

Interesting...

jackj180 wrote:

Ohio, like New York, requires both front and rear license plates. Indiana only requires and issues a rear plate. Ohio will NOT ticket Indiana cars for not having a front plate just as Indiana will not ticket Ohio cars for HAVING a front plate. Most states do honor equipment laws of other states. I don't think it is written into the laws, just kind of a handshake and turn the blind eye. But you have to remember that New York doesn't seem to realize that when income goes down, so should spending. They are ticketing people for sitting on milk crates on the sidewalk. THEY NEED THE MONEY.

Interesting that you mention it. I'm in NY, 3 miles from the CT/NY state line. CT issues 2 plates like NY but only requires 1 rear plate. I see many cars from CT coming into NY and cops don't usualy bother people with only 1 plate, but do when it is an election year or when the coffers are low. Many are getting stopped and ticketed lately. You rarely see cops around where I live, now they are everywhere.

Sorry about the O.P.'s tickets, but NYC is horrible and their courts are worse. I hope he has plenty of time to waste there if he wants to fight them.

--
Garmin nuvi 1300LM with 4GB SD card Garmin nuvi 200W with 4GB SD card Garmin nuvi 260W with 4GB SD card r.i.p.

Plates are different

Safety equipment is covered under different laws than registration (plates), and applies to all vehicles regardless of place of registration. For the former, Vehicle & Traffic Law sec. 375 provides,
"12-a.
(b) No person shall operate any motor vehicle upon any public highway,
road or street:
(1) the front windshield of which is composed of, covered by or
treated with any material which has a light transmittance of less than
seventy percent unless such materials are limited to the uppermost six
inches of the windshield; or
(2) the sidewings or side windows of which on either side forward of
or adjacent to the operator's seat are composed of, covered by or
treated with any material which has a light transmittance of less than
seventy percent; or
(3) if it is classified as a station wagon, sedan, hardtop, coupe,
hatchback or convertible and any rear side window has a light
transmittance of less than seventy percent; or
(4) the rear window of which is composed of, covered by or treated
with any material which has a light transmittance of less than seventy
percent. A rear window may have a light transmittance of less than
seventy percent if the vehicle is equipped with side mirrors on both
sides of the vehicle so adjusted that the driver thereof shall have a
clear and full view of the road and condition of traffic behind such
vehicle."

kmo wrote: I got 2 tickets

kmo wrote:

I got 2 tickets for my 2 front windows in NYC. I have Florida License and Registration.

Any ideas to defeat it?

Thanks in advance.

Move Back to Florida it's a lot warmer.

Front Side Window Tint

I hate to see cars with the front side windows tinted because I can't see if the driver is paying attention and won't do something stupid like pull out in front of me. According to the chart above my state, TX, allows 25% transmission which is pretty dark.

The main reason

The main reason for the tint restrictions is so the police can see the driver and occupants when they pull you over (or chasing you). After all, they want to know if the driver has a gun pointed at them.

--
Nuvi 2460LMT.

Can't see into car with tinted windows

A driver of a van passed my car and moved right too soon, sideswiping my car. The driver drove away and I followed. After three miles he finally pulled over. As I walked to the van I saw all the windows including the windshield were tinted dark enough so you couldn't see the driver, and this was in the daytime. The van had a NY registration.

The driver did not get out, open a window, or communicate at all, so I called the police. The officer obtained the license and registration through a window opened about an inch, and did not write a summons for the tint, or for leaving the scene.

After reporting the whole story to my insurance company, I got the car fixed at no cost and they did not charge the accident to my record.

dobs108

I wonder?

Interesting Mr. Vanderdecker. I wonder if police are issued light meters? If not, who determines 70% light transmission? I'm sure that you are correct but it would seem to me that a ticket would be very easy to fight in court if the police didn't measure the light transmission.

big differences in tinting law between NY & FL

kmo wrote:

I got 2 tickets for my 2 front windows in NYC. I have Florida License and Registration.

Any ideas to defeat it?

Thanks in advance.

I read the tinting laws on the link provided in the forum and noticed a big difference (28% FL V. 70% NY) allowed by the two states. Likely due to the average amount of sunshine between north and south each year. But I would think that if you were just on vacation in NYC with your FL vehicle, a cop would let you go with a warning. It is up to police discretion, I believe. That and the fact that NYC and most other states are trying to generate cash any way they can!

I would think you can beat it in court if you have time to fight it assuming you were on vaca.

If you moved north and didn't think to remove the tint, then shame on you.

--
Winston Churchill said, “Americans can always be counted on to do the right thing, after exhausting all other possibilities.”

Hiding something?

dobs108 wrote:

A driver of a van passed my car and moved right too soon, sideswiping my car. The driver drove away and I followed. After three miles he finally pulled over. As I walked to the van I saw all the windows including the windshield were tinted dark enough so you couldn't see the driver, and this was in the daytime. The van had a NY registration.

The driver did not get out, open a window, or communicate at all, so I called the police. The officer obtained the license and registration through a window opened about an inch, and did not write a summons for the tint, or for leaving the scene.

After reporting the whole story to my insurance company, I got the car fixed at no cost and they did not charge the accident to my record.

dobs108

My opinion is that the police should have investigated further. It sounds like they were trying to hide something. That (in my opinion) was not a very safe environment for anyone to be in.

--
Nuvi 2460LMT.

But I'm Just Visiting

I would "think" that if you were just passing through or on vacation, i.e., short term temporary visit to a state that has a particular window tint law and/or two license plate law, it would be dismissed. Now if you have been living there for awhile and haven't had your license tags changed, that could be a problem.

--
OK.....so where the heck am I?

Different Situation..!!

rlallos wrote:
Nuvi1300WTGPS wrote:

I always thought if your vehicle was "legal" in one state.. that it was also "legal" in all the other states. Maybe we can have one of our resident LEO's answer your situation.

Nuvi1300WTGPS

Vehicle laws are not the same in all states. Example, New York requires both front and rear license plates. Florida only requires a rear plate. What's OK in NY may not OK in another state.

But that's a entirely different situation than factory tinting. New York won't give a Florida driver a ticket because they only have one license plate on their vehicle.

Nuvi1300WTGPS

--
I'm not really lost.... just temporarily misplaced!

Residence?

Several northern tier residents also own property in Florida and register vehicles where it seems most favorable to them. Therefore which state laws would Snow Birds with a NY license and FL plates come under if pulled over? Have fun with this one.

--
"It's not where you start, but where you end up." Where am I and what am I doing in this hand basket?

.

^^ Residence is never an issue. When driving a vehicle you are subject to the laws of the state in which you are driving.

Window Tint

Mike107 wrote:

I hate to see cars with the front side windows tinted because I can't see if the driver is paying attention and won't do something stupid like pull out in front of me. According to the chart above my state, TX, allows 25% transmission which is pretty dark.

You should be keeping your eyes on the road not worrying about some guys tint on his windows in Texas and other places the unmarked cop cars have tint so dark you can't see inside do you worry about them hitting you.

License Plates

golfnm8 wrote:

Several northern tier residents also own property in Florida and register vehicles where it seems most favorable to them. Therefore which state laws would Snow Birds with a NY license and FL plates come under if pulled over? Have fun with this one.

You can't legally have plates from two states,like you said they choose the plates from the state they want,but being from Florida it has been my experience that people that come from the north keep their northern plates.

.

"...it has been my experience that people that come from the north keep their northern plates."

OP said he has Florida license and plates. Where is the OP from? Does it make any difference? Should it?

--
"It's not where you start, but where you end up." Where am I and what am I doing in this hand basket?

State laws

GadgetGuy2008 wrote:

^^ Residence is never an issue. When driving a vehicle you are subject to the laws of the state in which you are driving.

So I can't legally drive my NC registered vehicle in NY because I don't meet their plate law?

--
nuvi 1690 with ecoRoute HD, SP2610 (retired), Edge 305, Forerunner 405

Proof

jackj180 wrote:

Interesting Mr. Vanderdecker. I wonder if police are issued light meters? If not, who determines 70% light transmission? I'm sure that you are correct but it would seem to me that a ticket would be very easy to fight in court if the police didn't measure the light transmission.

No. All cars with factory AC have a 30% tint (70% light transmission), so *any* tint, no matter how small, added on top of that violates the law.

I believe

jackj180 wrote:

No. All cars with factory AC have a 30% tint (70% light transmission), so *any* tint, no matter how small, added on top of that violates the law.

That is for the windshield I believe. Different laws in different states govern the other widows.

http://www.tintcenter.com/laws/

--
If you don't know where you are going, you might wind up someplace else. - Yogi Berra

When in Rome

We have to obey the law of each state if we plan to go there.

--
Being ALL I can be for HIM! Jesus. Kenwood DNX9980HD Garmin 885t

A subject field I didn't really try to fill

Last Mrk wrote:
jackj180 wrote:

No. All cars with factory AC have a 30% tint (70% light transmission), so *any* tint, no matter how small, added on top of that violates the law.

That is for the windshield I believe. Different laws in different states govern the other widows.

http://www.tintcenter.com/laws/

The discussion thread to which I replied was specifically in regards to the law in New York (and all car windows are 30% from the factory).

.

WE have to abide by the state's rules of the road wherever we are, however our cars only have to be road-legal in the state in which they are registered.

A legal accomodation exists where each state and province accepts the equipment rules for the vehicles of all the others. That includes permanent owner-provided accessories with the exception of such items as radar detectors and navigators, which are considered portable and thus can be removed - an example is Quebec, which will seize your detector, fine you $1000 dollars, 15 points and will destroy it if they find it in the vehicle, whether or not it is in use.

The wording as posted for the NYS rules appears to violate the spirit of the accomodation: Are you expected to stop at a tinting place and have the treatment removed before entering the state? Were you expected to park the vehicle at a rest stop and walk? Obviously not.

You can fight the ticket if the car is registered in and is road-legal in Florida. But be certain you can prove the fact. Also, I would expect that the officer did not use any equipment to measure the tint, giving you the opportunity to challenge his opinion.

Unless the Judge is a complete putz or you are being an idiot (if you are a New Yorker with a Florida plated vehicle and are behaving like a jerk), you have a reasonable chance of winning.

While it may be incumbent upon the state to prove it's claims, most often the judge will simply accept the officer's word on the basis of his training and experience, forcing you to prove them wrong. Strange, but true.

This means you will need to have the light transmission measured at a lab and you will need to have a copy of the Florida statutes with you when you go to court.

It may well be less expensive to simply pay the ticket.

--
Currently have: SP3, GPSMAP 276c, Nuvi 760T, Nuvi 3790LMT, Zumo 660T

But...

Vanderdecker wrote:
jackj180 wrote:

Interesting Mr. Vanderdecker. I wonder if police are issued light meters? If not, who determines 70% light transmission? I'm sure that you are correct but it would seem to me that a ticket would be very easy to fight in court if the police didn't measure the light transmission.

No. All cars with factory AC have a 30% tint (70% light transmission), so *any* tint, no matter how small, added on top of that violates the law.

I'm sure you are correct BUT.....How do you know the light transmission is 70%? How does the police officer know what the light transmission really is? That would be the same thing as a police officer writing you a speeding ticket and only stating that you were speeding without listing or measuring your speed.

Someone else said that you would have to have the degree of tint measured at a lab and take those results with you to court. Wrong!! It is the states job to prove you guilty, not yours to prove you are innocent. If the officer can't prove what the light transmission is (if that is how the law is worded) at the time he wrote the ticket, the judge SHOULD throw out the charges.

Ticket

kmo wrote:

I got 2 tickets for my 2 front windows in NYC. I have Florida License and Registration.

Any ideas to defeat it?

Thanks in advance.

If I were you, I would go ahead and pay the ticket. Speaking as a former LEO (both local & state) it is going to cost you more money to fight the citation than it will to pay it. (This citation is a non-moving violation and will not add points to your license and will not increase your insurance rates.) As stated above, most states will not issue citations for violations that are unlawful in their state if it is permitted in the state where the vehicle is registered. However, there are exceptions, especially when states start getting less revenue and they must raise money. sad

--
It is impossible to rightly govern a nation without God and the Bible. ----George Washington

Very unlikely

It's very unlikely to beat it only get it reduced to a surcharge if you just tell the judge you took it off. I got tagged for 4 windows at $50 a piece ie.$200 the judged asked me if I took them off and said yes and reduced it to a $50 surcharge. Stupid NYC laws I hate this city it's overpriced its old, generates a whole lot of revenue from stupid ordinances and traffic regulations and yet the governor and the mayor still find a way to mismanage the money incredible.
@#$% NYC

Tint machine

The police officers have a machine that slides onto the edge of the window to tell them how much light is passing through.

Just interested

Operator21 wrote:

the judged asked me if I took them off and said yes

Did you really have the tint taken off?

How do you take tint off?

Agree with both

maddog67 wrote:
kmo wrote:

I got 2 tickets for my 2 front windows in NYC. I have Florida License and Registration.

Any ideas to defeat it?

Thanks in advance.

If I were you, I would go ahead and pay the ticket. Speaking as a former LEO (both local & state) it is going to cost you more money to fight the citation than it will to pay it. (This citation is a non-moving violation and will not add points to your license and will not increase your insurance rates.) As stated above, most states will not issue citations for violations that are unlawful in their state if it is permitted in the state where the vehicle is registered. However, there are exceptions, especially when states start getting less revenue and they must raise money. sad

Operator21 wrote:

It's very unlikely to beat it only get it reduced to a surcharge if you just tell the judge you took it off. I got tagged for 4 windows at $50 a piece ie.$200 the judged asked me if I took them off and said yes and reduced it to a $50 surcharge. Stupid NYC laws I hate this city it's overpriced its old, generates a whole lot of revenue from stupid ordinances and traffic regulations and yet the governor and the mayor still find a way to mismanage the money incredible.
@#$% NYC

@ OP:

From personal experience in NYC (worked there for 19 years) just pay the ticket and move on. I guarantee you that it will cost you more, just in terms of time to fight this. NYC's courts are overcrowded with cases and they'll usually make you wait all day. As the posters above said, it will also cost you more money to prove you are right. In any case you'll end up paying something, even if it is just the surcharge. It IS about the money in NYC, and I agree with Operator 21, I hate that city too.

--
Garmin nuvi 1300LM with 4GB SD card Garmin nuvi 200W with 4GB SD card Garmin nuvi 260W with 4GB SD card r.i.p.

2 things

A buddy of mine is a police officer. He told me over the years about 2 things which apply to some of the above posts...

1) The police departments have light density meters that can measure the level of tint on the windows. Usually only the cops wearing their blue underwear take this unit out with them.

2) If the officer doesn't feel comfortable about a situation (the van with the tint and the window rolled down an inch), he will generally let the vehicle go. He worked in the Bronx for some time, and didn't want to end up a statistic himself.

--
Striving to make the NYC Metro area project the best.

Didn't you know

...everything is against the law in NYC. Just pay up,
move on, and avoid this filthy, overcrowded pig pen.