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So I need some advice from you guys. I recently got pulled over and ticketed for tinted Windows in NYC.
I was driving my Uncles car which is registered in NJ with NJ plates.
Even though I told the officer is not my car and I was only using it for the weekend he didn't care and still ticketed me. He said he read 6% tint in the front, I asked my uncle and he said he put 20%.
I was thinking maybe I can contest it. I want to say that it was an unlawful stop because NY law exempts vehicles from other states from following equipment laws thus the officer had no right to stop me simply for tints considering he is not required to know NJ tint laws or enforce them.
I'd contest them and say it is legal in NJ but unfortunately it is not.
Any links to any laws that would help me would be appreciated.
Also he gave me two tickets, one for each front window so if my first argument fails can it be reduced to just one ticket?
So tint is not legal in New Jersey but you want to contest the ticket in New York because you don't have to follow the laws in New York even though it is illegal in the state the vehicle is registered?
So tint is not legal in New Jersey but you want to contest the ticket in New York because you don't have to follow the laws in New York even though it is illegal in the state the vehicle is registered?
I want to dismiss the ticket by saying it was an unlawful stop. Or at least reduce it to one ticket.
New York Vehicle and Traffic Laws, section 375 (12-a) (b)
Quote:
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
What is legal in New Jersey or anywhere else does not matter. You're operating the vehicle in New York, you must follow New York's laws.
New York Vehicle and Traffic Laws, section 375 (12-a) (b)
What is legal in New Jersey or anywhere else does not matter. You're operating the vehicle in New York, you must follow New York's laws.
I'm not looking to debate the laws but this I know for a fact. Out of state vehicles are exempt from following NY equipment laws as long as it is legal in the home state.
Example
You can't ticket a person driving a car from PA because he has one license plate because in PA only the back plate is required.
I'm not looking to debate the laws but this I know for a fact. Out of state vehicles are exempt from following NY equipment laws as long as it is legal in the home state.
But you yourself said it was not legal even in NJ. Consider this an early warning to get the tint changed because eventually you'll get ticketed in NJ as well.
I'm not looking to debate the laws but this I know for a fact. Out of state vehicles are exempt from following NY equipment laws as long as it is legal in the home state.
Example
You can't ticket a person driving a car from PA because he has one license plate because in PA only the back plate is required.
1. Except as otherwise provided in subdivision three of this section, the provisions of this chapter relative to the registration and equipment of motor vehicles, motorcycles and trailers and the display of registration numbers shall not apply to a motor vehicle, motorcycle or trailer owned by a non-resident of this state, provided that the owner thereof shall have complied with the provisions of the law of the foreign country, state, territory or federal district of his residence relative to registration and equipment of such motor vehicle
You've already admitted that your window tints are not legal in Jersey. Therefore you do not meet the qualifications for the exemptions allowed in the above paragraph.
I have received tickets in NY that the judge threw out immediately because NY had no jurisdiction over it. Cops will write tickets to justify themselves but many of them might not be legal.
For instance once with a PA car, PA extended inspections for another month due to bad winter weather. Got a NYC ticket. Judge said NY has no jurisdiction on out of state, dismissed it no questions asked.
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