Got a ticket today
03-21-2012, 08:34 PM
#1
Member
Thread Starter
Join Date: 02-07-2012
Location: Greensboro, NC
Posts: 30
Got a ticket today
High Point North Carolina's finest pulled me. Said he thought my driver and passenger windows were tinted too much. He whipped out a 'lil piece of equipment and measured them, and sure enough he measured 16.5, they are supposed to be 30 whatever that means. I went to the dealer where I bought my HHR. I engaged in a conversation with the service department personnel who were quick to direct me to the sales personnel who were quick to direct me to the service personnel.I finally told the guy he would be hearing from my lawyer as I was tired of getting the run around, I told them they inspected the vehicle, and said it was road worthy, and it was my opinion they falsified state documents and sold me a car not worthy for the roads and highways of NC. At that point in time a man came out of an office, and directed me to a tint shop down the road and told me they would pay for all of it to be repaired. I asked who was going to pay for my time off work to go to court. I received not a comment that was favorable. I am self employed and if I don't work, there is no vacation or sick time. I generally make good money in my profession, and I have to meet contractual obligations. I do not work 40 hours and have to "make hay while the sun shines", it is not my only income, but I have to be present when my clients need me per our agreement, I don't need to be rubbing elbows with miscreants all day in court. I work in a specialized area and if I cannot make good on my contracts there are penalties that can be quite expensive. Anyone have any suggestions? I'm thinking a letter to the owners of the dealership. I still think I may contact my attorney.Thanks for letting me rant!
03-21-2012, 09:06 PM
#2
Senior Member
Join Date: 02-19-2010
Location: Buffalo ny
Posts: 1,529
are your windows factory still? or did you tint them? if they are stock it would never hold up in court. i had a cop tell me mine were too dark also as he wrote me a cell phone violation. but no ticket for tints
03-21-2012, 09:21 PM
#4
Platinum Member
Join Date: 05-09-2006
Location: "Upland" Mesa, Arizona
Posts: 6,805
I'm guessing here, but it sounds like the OP purchased his vehicle used/second hand from the dealer and there was extra tint on the windows.
Sounds like the dealer "mostly" stepped up to the problem and will correct the problem. I doubt if you will recover any extra as far as reimbursed "court time". I've not seen that happen, ever. But, you may be able to "squeeze" them for the inconvenience with a couple oil changes or a detail.....just a suggestion.
Just curious....were you aware the extra tint was on the windows (if it is extra tint).
Good Luck.
Oh and by the way......SOME jurisdictions allow the recipient of an equipment violation to walk into a court clerk, or the like, show a receipt that the violation was repaired and you walk out with it dismissed. You might want to check.
Sounds like the dealer "mostly" stepped up to the problem and will correct the problem. I doubt if you will recover any extra as far as reimbursed "court time". I've not seen that happen, ever. But, you may be able to "squeeze" them for the inconvenience with a couple oil changes or a detail.....just a suggestion.
Just curious....were you aware the extra tint was on the windows (if it is extra tint).
Good Luck.
Oh and by the way......SOME jurisdictions allow the recipient of an equipment violation to walk into a court clerk, or the like, show a receipt that the violation was repaired and you walk out with it dismissed. You might want to check.
03-21-2012, 11:04 PM
#5
Deceased
Join Date: 06-30-2010
Location: Kannapolis NC
Posts: 25,739
OK, first off here's the law in North Carolina....
"The General Assembly of North Carolina enacts: Section 1. G.S. 20-127, as amended by Chapter 683 of the 1993 Session Laws (Reg. Sess. 1994), reads as rewritten: "§ 20-127. Windows and windshield wipers.
(a) Windshield Wipers. -- A vehicle that is operated on a highway and has a windshield must have a windshield wiper to clear rain or other substances from the windshield in front of the driver of the vehicle and the windshield wiper must be in good working order. If a vehicle has more than one windshield wiper to clear substances from the windshield, all the windshield wipers must be in good working order.
(b) Window Tinting Restrictions. -- A window of a vehicle that is operated on a highway or a public vehicular area must comply with this subsection. The windshield of the vehicle may be tinted only along the top of the windshield and the tinting may not extend more than five inches below the top of the windshield or below the AS1 line of the windshield, whichever measurement is longer. Any other window of the vehicle may be tinted in accordance with the following restrictions:
(1) The total light transmission of the tinted window must be at least thirty-five percent (35%). A vehicle window that, by use of a light meter approved by the Commissioner, measures a total light transmission of more than thirty-two percent (32%) is conclusively presumed to meet this restriction.
(2) The light reflectance of the tinted window must be twenty percent (20%) or less.
(3) Tinted film or another material used to tint the window must be non-reflective and must be a color other than red, yellow, or amber. (c) Tinting Exceptions. -- The window tinting restrictions in subsection (b) of this section apply without exception to the windshield of a vehicle. The window tinting restrictions in subdivisions (b)(1) and (b)(2) of this section do not apply to any of the following vehicle windows:
(1) A window of an excursion passenger vehicle, as defined in G.S. 20-4.01(27)a.
(2) A window of a for-hire passenger vehicle, as defined in G.S. 20-4.01(27)b.
(3) A window of a common carrier of passengers, as defined in G.S. 20-4.01(27)c.
(4) A window of a motor home, as defined in G.S. 20-4.01(27)d2.
(5) A window of an ambulance, as defined in G.S. 20-4.01(27)f.
(6) The rear window of a property-hauling vehicle, as defined in G.S. 20-4.01(31).
(7) A window of a limousine.
(8) A window of a law enforcement vehicle.
(9) A window of a multipurpose vehicle that is behind the driver of the vehicle. A multipurpose vehicle is a passenger vehicle that is designed to carry 10 or fewer passengers and either is constructed on a truck chassis or has special features designed for occasional off-road operation. A minivan and a pickup truck are multipurpose vehicles.
(10) A window of a vehicle that is registered in another state and meets the requirements of the state in which it is registered.
(d) Violations. -- A person who does any of the following commits a misdemeanor of the class set in G.S. 20-176: (1) Applies tinting to the window of a vehicle that is subject to a safety inspection in this State and the resulting tinted window does not meet the window tinting restrictions set in this section. (2) Drives on a highway or a public vehicular area a vehicle that has a window that does not meet the window tinting restrictions set in this section. (e) Defense. -- It is a defense to a charge of driving a vehicle with an unlawfully tinted window that the tinting was removed within 15 days after the charge and the window now meets the window tinting restrictions. To assert this defense, the person charged must produce in court, or submit to the prosecuting attorney before trial, a certificate from the Division of Motor Vehicles or the Highway Patrol showing that the window complies with the restrictions."
So what does that all mean, well your windows are too darkly tinted, a light transmission of 16.5% is half of the legal minimum. Does it need to be corrected, you bet, if the dealer is going to pay to have the tint removed and reapplied to meet state standards, that's good.
Did the dealer falsify state inspection documents, not necessarily, the vehicle could have been inspected before the tinting was applied. Do dealers and inspection stations fudge on window tint, yeah they do, proving it conclusively is hard to do.
As to the lost time and income you face when going to court to address the citation, that's a matter for small claims court. You may be able to fight the citation on the technicality of when the light meter used by the officer was last calibrated, 30% is not the applicable standard.
Since you already have an attorney, let them look into it for you, they might be able to give you advice that is more specific than I can.
"The General Assembly of North Carolina enacts: Section 1. G.S. 20-127, as amended by Chapter 683 of the 1993 Session Laws (Reg. Sess. 1994), reads as rewritten: "§ 20-127. Windows and windshield wipers.
(a) Windshield Wipers. -- A vehicle that is operated on a highway and has a windshield must have a windshield wiper to clear rain or other substances from the windshield in front of the driver of the vehicle and the windshield wiper must be in good working order. If a vehicle has more than one windshield wiper to clear substances from the windshield, all the windshield wipers must be in good working order.
(b) Window Tinting Restrictions. -- A window of a vehicle that is operated on a highway or a public vehicular area must comply with this subsection. The windshield of the vehicle may be tinted only along the top of the windshield and the tinting may not extend more than five inches below the top of the windshield or below the AS1 line of the windshield, whichever measurement is longer. Any other window of the vehicle may be tinted in accordance with the following restrictions:
(1) The total light transmission of the tinted window must be at least thirty-five percent (35%). A vehicle window that, by use of a light meter approved by the Commissioner, measures a total light transmission of more than thirty-two percent (32%) is conclusively presumed to meet this restriction.
(2) The light reflectance of the tinted window must be twenty percent (20%) or less.
(3) Tinted film or another material used to tint the window must be non-reflective and must be a color other than red, yellow, or amber. (c) Tinting Exceptions. -- The window tinting restrictions in subsection (b) of this section apply without exception to the windshield of a vehicle. The window tinting restrictions in subdivisions (b)(1) and (b)(2) of this section do not apply to any of the following vehicle windows:
(1) A window of an excursion passenger vehicle, as defined in G.S. 20-4.01(27)a.
(2) A window of a for-hire passenger vehicle, as defined in G.S. 20-4.01(27)b.
(3) A window of a common carrier of passengers, as defined in G.S. 20-4.01(27)c.
(4) A window of a motor home, as defined in G.S. 20-4.01(27)d2.
(5) A window of an ambulance, as defined in G.S. 20-4.01(27)f.
(6) The rear window of a property-hauling vehicle, as defined in G.S. 20-4.01(31).
(7) A window of a limousine.
(8) A window of a law enforcement vehicle.
(9) A window of a multipurpose vehicle that is behind the driver of the vehicle. A multipurpose vehicle is a passenger vehicle that is designed to carry 10 or fewer passengers and either is constructed on a truck chassis or has special features designed for occasional off-road operation. A minivan and a pickup truck are multipurpose vehicles.
(10) A window of a vehicle that is registered in another state and meets the requirements of the state in which it is registered.
(d) Violations. -- A person who does any of the following commits a misdemeanor of the class set in G.S. 20-176: (1) Applies tinting to the window of a vehicle that is subject to a safety inspection in this State and the resulting tinted window does not meet the window tinting restrictions set in this section. (2) Drives on a highway or a public vehicular area a vehicle that has a window that does not meet the window tinting restrictions set in this section. (e) Defense. -- It is a defense to a charge of driving a vehicle with an unlawfully tinted window that the tinting was removed within 15 days after the charge and the window now meets the window tinting restrictions. To assert this defense, the person charged must produce in court, or submit to the prosecuting attorney before trial, a certificate from the Division of Motor Vehicles or the Highway Patrol showing that the window complies with the restrictions."
So what does that all mean, well your windows are too darkly tinted, a light transmission of 16.5% is half of the legal minimum. Does it need to be corrected, you bet, if the dealer is going to pay to have the tint removed and reapplied to meet state standards, that's good.
Did the dealer falsify state inspection documents, not necessarily, the vehicle could have been inspected before the tinting was applied. Do dealers and inspection stations fudge on window tint, yeah they do, proving it conclusively is hard to do.
As to the lost time and income you face when going to court to address the citation, that's a matter for small claims court. You may be able to fight the citation on the technicality of when the light meter used by the officer was last calibrated, 30% is not the applicable standard.
Since you already have an attorney, let them look into it for you, they might be able to give you advice that is more specific than I can.
03-21-2012, 11:21 PM
#6
Senior Member
Join Date: 08-29-2009
Location: Long Island, NY
Posts: 1,813
If it were mine I would be happy for the removal and or reinstall. As for the rest if the Dealer is the closest to you and they are reputable, I wouldn't want to burn any bridges in case the next thing goes bad on your HHR and it needs to be fixed..........Just sayin'.
03-21-2012, 11:35 PM
#7
Platinum Member
Join Date: 01-09-2007
Location: SE USA
Posts: 15,878
Sounds like the dealer "mostly" stepped up to the problem and will correct the problem. I doubt if you will recover any extra as far as reimbursed "court
Oh and by the way......SOME jurisdictions allow the recipient of an equipment violation to walk into a court clerk, or the like, show a receipt that the violation was repaired and you walk out with it dismissed. You might want to check.
It is like that here in my part of the world.. Plus I like mine dark..
03-22-2012, 01:14 AM
#8
Deceased
Join Date: 06-30-2010
Location: Kannapolis NC
Posts: 25,739
X 3 In the words of the State...
"It is a defense to a charge of driving a vehicle with an unlawfully tinted window that the tinting was removed within 15 days after the charge and the window now meets the window tinting restrictions. To assert this defense, the person charged must produce in court, or submit to the prosecuting attorney before trial, a certificate from the Division of Motor Vehicles or the Highway Patrol showing that the window complies with the restrictions."
"It is a defense to a charge of driving a vehicle with an unlawfully tinted window that the tinting was removed within 15 days after the charge and the window now meets the window tinting restrictions. To assert this defense, the person charged must produce in court, or submit to the prosecuting attorney before trial, a certificate from the Division of Motor Vehicles or the Highway Patrol showing that the window complies with the restrictions."
03-22-2012, 05:59 AM
#10
Senior Member
Join Date: 07-05-2008
Location: Akron Ohio
Posts: 5,464
Let them pay for the ticket and pull the tint and get on with your life.
The lawyer is only going to cost you more money that you will never see.
While the the dealer had some responsibility you hold the final responsibility.
The lawyer is only going to cost you more money that you will never see.
While the the dealer had some responsibility you hold the final responsibility.