Do I have a Fighting Chance? Ticket Related.

[BayAreaC32]

HELLO MBWORLD! i've been lurking around the forum for a while (sign in date july 08) I Wanna say this a great forum very helpful info here! I recently got pulled over by CHP (California Highway Patrol). I was cited for front window tint & no front license plate (non-correctable) . Keep in mind, I got a similar ticket about a year ago front tint/no front plates. It was a fix-it ticket got it signed of yadda yadda.. done with. 2 months ago i got into a front end crash body shop didnt drill any holes so I let be. Now my question is this.I had my front windows rolled down all the way, so there was no way he would be able to know i had front tints. The officer came up to me and said "since you have your back windows tinted i assume you have your fronts" i reply "no". He didn't even ask me to roll down my windows. 1.Can he cite me without even seeing my windows? 2.Isnt this a simple fix-it ticket? what does non-correctable mean? 3.Can i fight at least the tint violation? any advice is helpful! THX.

To remove this ad, register today or login if you already are registered!

[BayAreaC32]

BUMP, anyone?

[TemjinX2]

1. cop can cite you for anything he wants. court is where you decide whether the citation was lawful or not.

2. non-correctable means you can't take off the tint and just pay the $10 court fee. you will have to pay the full bail amount. He probably saw your past record for tint and wrote as non correctable.

you can get it back, if you contest the ticket and win.

3. yes you can fight the ticket via written declaration or in court.

[TemjinX2]

on a personal note. i would just pay the bail and move on. Since this isn't a moving violation it won't add points to your license or increase your insurance rates.

its kinda a waste of time to fight this, unless your really hurting for money. The tint bail fee will probably be around $100-160.

[BayAreaC32]

hey TemjinX2, thx for your reponse.
I wanna contest the tint ticket because first, He didn't even know i had my front windows tinted he just "assumed". I wanna get my day in court to explain to the judge the cop didn't even check my windows and provide pictures with dates that i have no front tint..hopefully get it down to a fix-it ticket, think that would work?. I just dont wanna fork up $160 just like that. Cop said i should be receiving a letter between 4-6 weeks, but im going to the traffic court this week and try to contest the ticket.As for the plate is that a seperate $160???

[TemjinX2]

Originally Posted by BayAreaC32

hey TemjinX2, thx for your reponse.
I wanna contest the tint ticket because first, He didn't even know i had my front windows tinted he just "assumed". I wanna get my day in court to explain to the judge the cop didn't even check my windows and provide pictures with dates that i have no front tint..hopefully get it down to a fix-it ticket, think that would work?. I just dont wanna fork up $160 just like that. Cop said i should be receiving a letter between 4-6 weeks, but im going to the traffic court this week and try to contest the ticket.As for the plate is that a seperate $160???

if you fight the ticket, just fight it to win. You can't contest the ticket until you get it in the mail.

$160 is just a guess. I got a tint ticket back in santa clara a couple of yrs ago and it came out to be $160. Every county is different, so yours might be higher or lower then mine.

[JG26_Irish]

Originally Posted by BayAreaC32

hey TemjinX2, thx for your reponse.
I wanna contest the tint ticket because first, He didn't even know i had my front windows tinted he just "assumed". I wanna get my day in court to explain to the judge the cop didn't even check my windows and provide pictures with dates that i have no front tint..hopefully get it down to a fix-it ticket, think that would work?. I just dont wanna fork up $160 just like that. Cop said i should be receiving a letter between 4-6 weeks, but im going to the traffic court this week and try to contest the ticket.As for the plate is that a seperate $160???

Help me out. Are your front windows still tinted or not? If not, then fight it if you have the time. But if they are still tinted, I would not risk the ire of the judge by a fight. Just my 2 cents.

Window tint violations really pith me off anyway. I was up in Pittsburgh to pick up a partner at the airport in my C36 one day a few years ago. Now it had Dark Black tints and I rolled up, and in seconds the local cop was on me like a duck on a junebug, giving me crap about my tinted windows. WTF?? I told him that I was from out of town, attempting to bring some business to his fair city but not to worry, I would not be back, lol.

Irish

[link146]

I am an attorney in NJ and PA, I am not familiar w/ CA MV statutes; however, I am familiar w/ the judicial process in general...Since the citation you speak of seems like it simply carries w/ it a fine and no other punitive measures a court would likely have to find that you committed the offense by a "preponderance of the evidence" rather than the more strict "beyond a reasonable doubt standard" which applies to criminal offenses and perhaps moving violations and DWIs in your state.

So the municipal court judge in the town where you were ticketed can find you guilty based on far less evidence than otherwise. Basically, if the judge you go in front of is intellectual genuine, he will throw the ticket out b/c it is quite an evidentiary stretch to conclude that b/c a car has its rear windows tinted it has its fronts tinted too (obviously if that logic applied, every factory SUV, minivan, conversion van, etc., with rear tints all the way around should get a ticket for front tints as well if they are stopped w/ the front windows down. if I were representing you that would be the argument i make to the judge. Do you see my point, the officer makes a huge leap in his assumption here, which most young kids seem to do once given a badge, gun, a pen and a citation booklet.)

On the other hand; however, in my experience, you've got a 50/50 shot at finding a muni court judge who is intellectually genuine. The other half, simply gives the rubber stamp approval of what the cops do since the revenue go towards the twp. which pays the judge's, clerk's, cops' and other workers' salaries.

Bottom line, if you're court date is scheduled on a date and time when you can make it and not miss work or lose any money in the process go fight the ***** out of this. If your court date is scheduled for a time you are jammed up w/ another obligation, call the court clerk and see if same can be rescheduled for another time (some muni cts around here have am and pm dockets). If same can't be rescheduled to a time and date where you can make it w/o any loss of $$ on your end, pay the *** ticket.

SAS

[BayAreaC32]

Originally Posted by JG26_Irish

Help me out. Are your front windows still tinted or not? If not, then fight it if you have the time. But if they are still tinted, I would not risk the ire of the judge by a fight. Just my 2 cents.

Window tint violations really pith me off anyway. I was up in Pittsburgh to pick up a partner at the airport in my C36 one day a few years ago. Now it had Dark Black tints and I rolled up, and in seconds the local cop was on me like a duck on a junebug, giving me crap about my tinted windows. WTF?? I told him that I was from out of town, attempting to bring some business to his fair city but not to worry, I would not be back, lol.

Irish

Yes My front windows were tinted at the time. What I don't like is that he just assumed i had them tinted. I was planning on removing my tint, take a picture of my car without it photoshop the date on the bottom and take it with me to court ( if i get a in-person hearing). hopefully the judge would dismiss it. I just dont wanna fork up $160. Cop could of gave in me a fix-it ticket. but he was being a jerk!

[TemjinX2]

Originally Posted by BayAreaC32

Yes My front windows were tinted at the time. What I don't like is that he just assumed i had them tinted. I was planning on removing my tint, take a picture of my car without it photoshop the date on the bottom and take it with me to court ( if i get a in-person hearing). hopefully the judge would dismiss it.

lol...won't it cost more money to pay to take it off and put it back on?

unless your gonna scrap that off yourself, I can tell you that not very fun.

[BayAreaC32]

Originally Posted by link146

I am an attorney in NJ and PA, I am not familiar w/ CA MV statutes; however, I am familiar w/ the judicial process in general...Since the citation you speak of seems like it simply carries w/ it a fine and no other punitive measures a court would likely have to find that you committed the offense by a "preponderance of the evidence" rather than the more strict "beyond a reasonable doubt standard" which applies to criminal offenses and perhaps moving violations and DWIs in your state.

So the municipal court judge in the town where you were ticketed can find you guilty based on far less evidence than otherwise. Basically, if the judge you go in front of is intellectual genuine, he will throw the ticket out b/c it is quite an evidentiary stretch to conclude that b/c a car has its rear windows tinted it has its fronts tinted too (obviously if that logic applied, every factory SUV, minivan, conversion van, etc., with rear tints all the way around should get a ticket for front tints as well if they are stopped w/ the front windows down. if I were representing you that would be the argument i make to the judge. Do you see my point, the officer makes a huge leap in his assumption here, which most young kids seem to do once given a badge, gun, a pen and a citation booklet.)

On the other hand; however, in my experience, you've got a 50/50 shot at finding a muni court judge who is intellectually genuine. The other half, simply gives the rubber stamp approval of what the cops do since the revenue go towards the twp. which pays the judge's, clerk's, cops' and other workers' salaries.

Bottom line, if you're court date is scheduled on a date and time when you can make it and not miss work or lose any money in the process go fight the ***** out of this. If your court date is scheduled for a time you are jammed up w/ another obligation, call the court clerk and see if same can be rescheduled for another time (some muni cts around here have am and pm dockets). If same can't be rescheduled to a time and date where you can make it w/o any loss of $$ on your end, pay the *** ticket.

SAS

You Make Very excellent points with the Factory SUV/Minivans factory tint. Surprisingly the Officer who pulled me over was around 25-26 and very rude. I shall bring up the points you made and see if the judge has some brains and moves to a dismissal of the ticket.

[BayAreaC32]

Originally Posted by TemjinX2

lol...won't it cost more money to pay to take it off and put it back on?

unless your gonna scrap that off yourself, I can tell you that not very fun.

fix it ticket 10 + 80=90
non correctable ticket =160
so I pocket about 70 dollars

Haha, doesn't look to hard. all you need is a sharp razor & Windex right?

[TemjinX2]

Originally Posted by BayAreaC32

fix it ticket 10 + 80=90
non correctable ticket =160
so I pocket about 70 dollars

Haha, doesn't look to hard. all you need is a sharp razor & Windex right?

if your gonna fight it, why not fight to win? A fix it ticket is still admitting guilt, just to a lesser penalty.

win = 0

lose = $160

you pocket $160.

[BayAreaC32]

yah that's true. I mean I do admit that im guilty of the Tint ticket its just I dont like how the Officer wrote it off as non-correctable & just assumed i had em tinted lol. If the judge does bring it down to a fix-it ticket I wouldn't mind I just don't want 160 down the drain plus another 70 dollars to get re tinted...feel me? but I will fight it to dismiss everything.
If i do go to court don't I gotta show proof that my windows arent tinted? Would the officer who wrote me the ticket be in court too?

[AreL11]

Ok... so you're admitting that your windows were tinted and you still want to fight it because you don't like the way you got caught? The basis is would it be reasonable for the officer to believe that since your rear windows were tinted your front ones also would be? I am going to say yes. With an SUV, Minivan or PU truck, most come factory tinted in the rear. Most passenger cars do not. I'm sure the judge or officer is going to ask you if your windows were tinted at the time.. what are you going to tell them?

[BayAreaC32]

My car came with Factory blue tint! haha i see your point tho. I wasn't caught really, Point I'am trying to get across is, is it fair for every cop to pull over a sedan who has rear windows tinted and the driver has front windows down? Is that enough reasonable doubt to get a ticket for it? I don't think so.

Edit. As for what im going to say in court..I'm simply going to say I had no tint. Cop didnt even ask me to roll up my windows and see...so he has no proof..but then again its his word against mine.. hopefully the officer doesnt show up in court!

[AreL11]

Originally Posted by BayAreaC32

My car came with Factory blue tint! haha i see your point tho. I wasn't caught really, Point I'am trying to get across is, is it fair for every cop to pull over a sedan who has rear windows tinted and the driver has front windows down? Is that enough reasonable doubt to get a ticket for it? I don't think so.

Edit. As for what im going to say in court..I'm simply going to say I had no tint. Cop didnt even ask me to roll up my windows and see...so he has no proof..but then again its his word against mine.. hopefully the officer doesnt show up in court!

He cited you for the factory tint? I'm not trying to bust your balls, dude... but instead of just owning up to it, you will perjure yourself in court over a window tint ticket? I say go to court, plead guilty (as you admittedly are) and let the court decide. Lastly, did you have all 4 windows down or just the front most two? Where I live, for passenger vehicles, window tint applies to all windows (except the windshield) on the vehicle and it is 35%. This could be why he wrote you.

[BayAreaC32]

In California your allowed any percentage tint on the 3 back windows, your also allowed to tint a top section of the windshield and no front tints. My front two windows were all the way down. He just cited me for the hell of it. Didn't even know what color/percent/shape/size the tint was on my front window LOL which i find B.S.
I have 6-8 weeks to prep myself so i wont perjure myself.haha, any ways thank for the advice bro.If things don't look good for me i'll just bite the bullet and pay up.

[TemjinX2]

if it only costs you $70 to retint, just take off the tint and say you never had front tint and show photos. You win and save $160.

so you pocket $90.

[BayAreaC32]

Originally Posted by BayAreaC32

Yes My front windows were tinted at the time. What I don't like is that he just assumed i had them tinted. I was planning on removing my tint, take a picture of my car without it photoshop the date on the bottom and take it with me to court ( if i get a in-person hearing). hopefully the judge would dismiss it. I just dont wanna fork up $160. Cop could of gave in me a fix-it ticket. but he was being a jerk!

yup TemjinX2 that's exactly what im going to do. my ticket is with the SC City. Do you think the officer will show up? i got cited by CHP.

[TemjinX2]

probably they get paid to show up.

[SickSpeedMonte]

I'm gonna mail them this thread

j/k... but FWIW, my front windows dont go down ALL of the way... there is probably about 1mm or so towards the B pillar showing. Maybe he saw that.

[Ubergeist]

Originally Posted by TemjinX2

lol...won't it cost more money to pay to take it off and put it back on?

unless your gonna scrap that off yourself, I can tell you that not very fun.

I personally hate tint. Lowers the class of the car IMO.

Every car I buy with tint it gets stripped. That way you also don't get hassled.

I used to have this place do it for 40 bux to strip my entire car. Got them to do it twice.

I came back this time, they said 75 dollars because this one time they had this guy bring a Z28 and the rear window took 3 hours.(The Z28 was mine lol)

75 dollars well worth it. Took 2 guys two hours to do it. This was on my CLK55.

Just take the tint off and leave it off. The front plate though, keep it off. If my CLK didn't already have the bracket installed I'd be running no front plate.

[BayAreaC32]

Originally Posted by SickSpeedMonte

I'm gonna mail them this thread

j/k... but FWIW, my front windows dont go down ALL of the way... there is probably about 1mm or so towards the B pillar showing. Maybe he saw that.

LOL hmm, I just went out and checked and your right next to the pillar the window pops out veryyy little, but not enough to notice my tint plus I was pulled over at night.
Cop was being a jerk, He saw a 20 year old cuban boy in a black benz and was just player hating LOL j.p

[BayAreaC32]

Originally Posted by Ubergeist

I personally hate tint. Lowers the class of the car IMO.

Every car I buy with tint it gets stripped. That way you also don't get hassled.

I used to have this place do it for 40 bux to strip my entire car. Got them to do it twice.

I came back this time, they said 75 dollars because this one time they had this guy bring a Z28 and the rear window took 3 hours.(The Z28 was mine lol)

75 dollars well worth it. Took 2 guys two hours to do it. This was on my CLK55.

Just take the tint off and leave it off. The front plate though, keep it off. If my CLK didn't already have the bracket installed I'd be running no front plate.

while I do agree with you some cars DO look very clean without tint, some don't like my car is black and when I tinted the windows it made a day & night difference, Literally lol.
I think white Mercedes look especially clean without it. As for my plates, I WILL not be drilling no holes into my fresh new bumper, I'll just zip tie my plate to the lower mesh part of my bumper, when I head outta town or something.