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Virginia Trooper Is Wrong

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majikxms
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PostPosted: Fri Sep 03, 2004 4:21 pm    Post subject: Virginia Trooper Is Wrong Reply with quote

EDIT: The clicky link works now

Long story short: The last FM2CD trail ride to Shoe Creek I got two tickets. One for speeding and one for illegal tint. I may or may not have been speeding (no admissions of guilt here), but the tint thing I thought was BS. So, I did a little searching and found this: clicky If you want to read the whole story check out the Trail Ride write-up by Phantum here.

I'll highlight the good parts of what the code says:

46.2-1052. Tinting films, signs, decals, and stickers on windshields, etc.; penalties.

G. Nothing in this section shall prohibit applying to the rear side windows or rear window of any multipurpose passenger vehicle or pickup truck sun-shading or tinting films that reduce the total light transmittance of such window or windows below 35 percent.

Definitions:
"Multipurpose passenger vehicle" means any motor vehicle that is (i) designed to carry no more than 10 persons and (ii) constructed either on a truck chassis or with special features for occasional off-road use;

"Rear side windows" means those windows located to the rear of the driver's seat;

"Rear window" or "rear windows" means those windows which are located to the rear of the passenger compartment of a motor vehicle and which are approximately parallel to the windshield


I bought the XJ 2 years ago with the dark tint. The Trooper said the front was legal, but the back was at 1% and should be above 35%. Normally that would be the case as described in the other part of the code, but section G. says something else. I would say my XJ is (i) designed to carry no more than 10 persons and (ii) constructed either on a truck chassis or with special features for occasional off-road use, meaning that my 1% tint is legal. Anyone read that the same way I do?

Oh yeah, here's the culprit, the windows are definately dark:

Look, occasional off-road use.


Last edited by majikxms on Wed Sep 08, 2004 4:25 am; edited 1 time in total
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qadhafi
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PostPosted: Fri Sep 03, 2004 4:41 pm    Post subject: Reply with quote

I don't know about all that, but what is George Lucas doing in your picture? (Dude in the Green Shirt) Shocked
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CoreyXJ
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PostPosted: Fri Sep 03, 2004 6:29 pm    Post subject: Reply with quote

My uncle was a state trooper and is now an local 5.0 and I just graduated with a degree in Police Administration. Heres the way we see it.
A vehicle that is designated as a SUV is supposed to be able to have whatever tint the owner wants on the 3RD rear window - up to and including spraypaint.
If you think about it some vans don't even have glass in the 3RD window position.
The rear hatch glass is the exception - They say its dangerous to have dark tint on the very rear because it hinders you vision through it.... but there again, think about how many trucks and vans don't have rear windows or if they do they can't see out of them?!?!?
My uncle carries a card in his wallet with a whole bunch of numbers on it. Its a tint gauge to measure tint by shining a flashlight on it and having the card on the inner sider of the window. If he can't read certain numbers on certain windows - its to dark! In almost 20 years of being an officer he has yet to write somebody a ticket for dark tint. Maybe hes just cool like that...???

In the end we both agree that you should fight to have it thrown out. If they are that worried about your windows then they have WAAAAY to much time on their hands. If need be there is a trick that works here in Kentucky. If you prove to them that you "stripped" the tint off then they will throw it out. What we do is go to Wal-Mart and buy a "Window Film Stripping Kit" and take the reciept to court. Don't drive the Jeep on that day and when they ask you about it - Say that it is not tinted at all anymore and that you stripped it!! Works every time here - Don't know about where you are though.
Try that and see if they will go for it.
If I have offended anyone Im sorry - I am going through the processes right now to be hired as a Police Officer for Louisville Metro Police Dept. and if I become a cop - I will never hassle anyone about thier windows, Im just not that guy. There are way more important things to be doing out there than worrying about window tint.

Thats my 2 cents and Im stickin to it.....
Also having dark windows - CoreyXJ
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ehirner
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PostPosted: Fri Sep 03, 2004 6:39 pm    Post subject: Reply with quote

Corey, what haven't you done???

I get the privilege of pursuing some non-traffic citations in court for my job. Basically, I cited people who don't have their animals vaccinated against rabies or their dogs licensed. Anyway, I always get a kick out of the stupid people that claim the animal is up to date, but don't think it's important to bring the documentation with them to court when they requested the hearing. The judge sides with me and finds them guilty.

Basically, my point is that if I were the trooper or the judge, I'd want to see the tint on the window was stripped. And if you can't prove that by showing me the vehicle, I'd be asking for a guilty verdict. What if the judge calls your bluff??? I wouldn't go that route.
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Code3TJ
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PostPosted: Fri Sep 03, 2004 6:48 pm    Post subject: Reply with quote

The whole thing still has me scratching my head - VA apparently doesn't have enough problems that they have to worry quite a bit about window tinting. Shoot, even in law-crazy CA, you can pretty much have anything you want as long as nothing is forward of the driver. You can even use cardboard if you so desire. Wink
Yeah, I'd be careful of bluffing - just sorta depends how much time they have on their hands (and apparently they have a lot). It's a fix it ticket here - I think the fee is $10. Not sure what my point was, but I stil think the ticket blows. Mr. Green
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ehirner
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PostPosted: Fri Sep 03, 2004 6:56 pm    Post subject: Reply with quote

I'm not so sure the tint thing is because there isn't anything better to do. It's kinda like the..."well, you screwed up and were speeding, what else can I nail ya for??? Hmmm...I think you're tint is too dark." Kinda like the seatbelt and cell phone laws in PA. They can't nail for either infraction on their own...but if you're speeding or blow a stop sign or some other bonehead move....they've got you for both.
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CoreyXJ
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PostPosted: Fri Sep 03, 2004 9:50 pm    Post subject: Reply with quote

I was just trying to give him an idea of what "does" work
1) to save him of any fines or further problems
2) to save his tint job that hes already paid for once
("DOES" meaning it works here....)
If the judge really is that worried about it and calls his bluff (assuming he even does all this) then strip the windows drive over there and show it to them. Be like "See there... no more tint !!"
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ehirner
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PostPosted: Sat Sep 04, 2004 5:49 am    Post subject: Reply with quote

CoreyXJ wrote:
If the judge really is that worried about it and calls his bluff (assuming he even does all this) then strip the windows drive over there and show it to them. Be like "See there... no more tint !!"

That's my point though. You better have the vehicle there at the time you're supposed to be pleading your case. If they call your bluff, you aren't going to get a second chance. Like the people I mentioned above who say the animal's up to date but don't think it's wise to bring their vaccine records and proof of a dog license.
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PostPosted: Sat Sep 04, 2004 2:19 pm    Post subject: Reply with quote

Screw it all, I can get out of anything, I have 13 moving violations not on my record to prove this. A dog is easy to prove, people have many vehicles. Corey has 3. I'm sure he has accsess to another vehicle or maybe even one more. Put the jeep in the shop that day. Just drop it off to have the tires rotated. Take pictures of a jeep and bring them in with the date on the film (make sure the jeep matches everything on yours minus the tint.) I know plenty of judges and this is a stupid violation and they wont push it. Your dog is more important than tint and they wont bother to press it over windows like they would a dog. Plus not every state has the jack legged legal system that PA enforces.
I see it this way, your out a few bucks on film (maybe you have a few exposures you still need to waste) and a few bucks on a kit that you can return, you are going to have to pay the fine anyways, so maybe this will work and keep you from having to pay that. If all else fails just bribe the judge Wink Mr. Green
You might not even need to go as far as the pictures. In KY you can get out of a ticket by having your spedometer worked on and bringing a receipt to court. The judge is not gonna ask to go for a ride and make sure the spedo works against a radar gun.
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Drake69
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PostPosted: Sat Sep 04, 2004 5:32 pm    Post subject: Reply with quote

Hey, did you ever check to see if it came from the FACTORY that way? I don't think we were ever too sure about that. Because if it did, then the citation gets thrown out, period, end-of-story. Legally, they cannot prosecute you for pre-installed options, no matter whether they break the law or not. The reason for that is VA law was only targeting people who tint the windows AFTER getting the vehicle for illegal purposes, or to create a hazard for officers (can't see in the vehicle, can't see the weapon...). Limos are excused from the law because they come pre-tinted at the factory AND are commercially-used vehicles.
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qadhafi
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PostPosted: Sun Sep 05, 2004 1:40 pm    Post subject: Reply with quote

How do limo's get away with the really dark tint?
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ehirner
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PostPosted: Sun Sep 05, 2004 2:27 pm    Post subject: Reply with quote

Drake69 wrote:
Hey, did you ever check to see if it came from the FACTORY that way? I don't think we were ever too sure about that. Because if it did, then the citation gets thrown out, period, end-of-story. Legally, they cannot prosecute you for pre-installed options, no matter whether they break the law or not. The reason for that is VA law was only targeting people who tint the windows AFTER getting the vehicle for illegal purposes, or to create a hazard for officers (can't see in the vehicle, can't see the weapon...). Limos are excused from the law because they come pre-tinted at the factory AND are commercially-used vehicles.

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qadhafi
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PostPosted: Sun Sep 05, 2004 5:18 pm    Post subject: Reply with quote

Hm....maybe I should read other people's posts more often. Mr. Green

Actually though, limos are not tinted at the factory. I saw on the History Channel how limos were made. The two most popular models are Caddys and Lincolns and they each go to a specialty limo alteration company. They take a stock car, cut it in hald and then stretch the frame and body of the car to the desired length. This is where the tint would be added. As well as refriderators and tv's and hot tubs. Cool Fact: Most limos have vinyl covered tops to hide the welds.

I guess what I am getting at is that limos may be commercial vehicles, but they are not altered at their respective factories. They are altered at specialty shops (not unlike 4WD shops ragging out a Jeep).
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Drake69
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PostPosted: Sun Sep 05, 2004 7:04 pm    Post subject: Reply with quote

qadhafi wrote:
Hm....maybe I should read other people's posts more often. Mr. Green

Actually though, limos are not tinted at the factory. I saw on the History Channel how limos were made. The two most popular models are Caddys and Lincolns and they each go to a specialty limo alteration company. They take a stock car, cut it in hald and then stretch the frame and body of the car to the desired length. This is where the tint would be added. As well as refriderators and tv's and hot tubs. Cool Fact: Most limos have vinyl covered tops to hide the welds.

I guess what I am getting at is that limos may be commercial vehicles, but they are not altered at their respective factories. They are altered at specialty shops (not unlike 4WD shops ragging out a Jeep).


Then I'm not entirely sure then. I had asked an officer about the laws governing tinting a year ago, and that's what he told me. Since the line of business for limos is travel protection with comfort, that explains the "commercial" part. But he was also the same one that told me about the "factory clause", and how they can't ticket those people for that reason. Personally, they should do away with the law altogther since only state troopers can really enforce it, and they usually only chase after out-of-towners anyway, unless you're Dale... Finger Finger Finger
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qadhafi
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PostPosted: Sun Sep 05, 2004 8:53 pm    Post subject: Reply with quote

too funny
Drake69 wrote:
unless you're Dale... Finger Finger Finger

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