Stopped for tints in NYC driving NJ Registered car. Advice. (New York: attorney, subdivision)
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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 guess you're right. I just figured I could've argued it was an unlawful stop considering the officer does not know the NJ law so he had no right to stop me.
Remember is not my car though. My uncle probably doesn't care though he's had it tinted for years.
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.
Its not up to NY to determine whats legal elsewhere. If they have no legal jurisdiction they will dismiss it in court.
The Interstate Commerce Act protects you in this case.
The officer cannot enforce equipment violations that are legal in your home state.
However, if this is illegal in NJ too, you may have a problem.
Take it to court and just plead it's legal in your state. If they don't bring paperwork supporting that it isn't, I can't see any case but dismissal.
The burden of proof should fall on the state of NY.
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.
Lol, anything to not accept responsibility. You really think that an administrative traffic court judge in NYC won't have a basic understanding of commonly enforced vehicle laws from the adjoining state? Start saving your money to pay the ticket.
Lol, anything to not accept responsibility. You really think that an administrative traffic court judge in NYC won't have a basic understanding of commonly enforced vehicle laws from the adjoining state? Start saving your money to pay the ticket.
Whether they have the basic understanding or not may be irrelevant- A New York Equipment Violation Ticket code written for an out of state vehicle may have no validity- I.E. Whether it's valid or not the cop has no business writing it, rather referring the crime to the drivers home state.
The OP should be very aware of the laws before going into court.
Also, he should generally play only as little information as possible.
Traffic court judges are not held to the same procedural rules as criminal/supreme/family court judges. There is no prosecutor, only the cop represents the state, and cops aren't expected to have the same level of understanding of legalese as attorneys are. The administrative judges (they aren't even true judges) have a lot of leeway in determining guilt. He will be found guilty if his only argument is the NY/NJ angle, of that I am 100% sure as I have seen it tried numerous times over the course of well over 1000 appearances in traffic court in NYC.
But nowadays, "blame the cop" seems to be society's answer to everything, so who knows...
Blame the cop... the cop had no right to write that nonsense in the first place.
Anyway I think NYC traffic court could possibly be a no laws free for all as you speak but hope it is not.
You could always make them bring the cop into "court" or other strategies. I once had a ticket that I just threw away and finally had to go answer it about 5 years later. The cop came in and just told the judge he writes hundreds of tickets a day and didn't remember anything from 5 years ago and the "judge" dismissed it.
You needs some luck too but it is a masqueraded costume ball quite a bit.
I would still fight it every way possible. Its just a money grab.
never heard of people getting stopped just for tinted windows. Unless, its 6% like what the cop said or were you doing something else that got your pulled over?
never heard of people getting stopped just for tinted windows. Unless, its 6% like what the cop said or were you doing something else that got your pulled over?
Nope I wasn't doing anything else. I think he was a rookie bc there was another officer with him telling him what to do. That and he did not ask me for my license only until he realized he did not have it once he got back into his patrol car. I'll fight it and let you guys know what happened.
Thanks everyone!
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