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Ticket for rear privacy glass (manufactured)

5.7K views 39 replies 19 participants last post by  wlwrth  
#1 · (Edited)
I was pulled over by a state trooper for having tinted windows, but like every Kia EV6 comes with factory-installed privacy glass, not aftermarket tinting. The officer didn't seem interested in clarifying this and issued a ticket indicating that all my rear windows are tinted. My registration describes the vehicle as "subn - suburban." Since New York has strict tint laws, I want to contest this ticket. I was not speeding at the time; I was merely conserving battery. How can I prove in court that my windows comply with the law as they are manufacturer's privacy glass, not tint? This seems might happen to everyone.
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#2 ·
That stinks, no clue how to contest your ticket. Looks like NY has a law that states it's illegal to even sell a vehicle with tint above their levels. Even the rear ones. Tinted windows

I'm from PA and the rear are allowed a heavier tint if an SUV/Truck. Not sure a police officer will classify an EV6 as an SUV (def. not a truck). But tint is supposed to be checked when inspection occurs. I put a little heavier tint on my fronts... hope I pass inspection!
 
#3 ·
That stinks, no clue how to contest your ticket. Looks like NY has a law that states it's illegal to even sell a vehicle with tint above their levels. Even the rear ones. Tinted windows

I'm from PA and the rear are allowed a heavier tint if an SUV/Truck. Not sure a police officer will classify an EV6 as an SUV (def. not a truck). But tint is supposed to be checked when inspection occurs. I put a little heavier tint on my fronts... hope I pass inspection!
TX is only front windows and windshield; the rest you can go as dark as you like

I did all (even windshield)

I supposed to fight you'd just need a 'reader' and show that it complies. I thought to get a ticket they used their tint-reader to show you failed (unless they did)
 
#4 ·
The citation's validity may be questionable if the officer did not use the appropriate tools to verify compliance with state regulations.

I would challenge this and take it to court and provide evidence that the vehicle is factory-equipped with US DOT-approved privacy glass. You should also take pictures as evidence and request the officer's body camera and vehicle camera recordings to provide additional information on how the Terry stop was initiated.
These actions are within your legal rights and will hold the officer accountable for violating your rights. All individuals, especially law enforcement, should be held responsible for their actions, particularly when operating under the law.
It would be beneficial for you to learn more about your constitutional rights and state laws so that you are aware of them when law enforcement attempts to use unlawful tactics to compel your obedience.
Protecting your freedom is challenging and complex, and if you do not hold the responsible party accountable for their actions, they may continue to abuse their authority and violate the rights of others who are unaware of their constitutional rights.
 
#5 ·
Agree with others, that's just dumb. Sounds like a rookie move. It'll be a PIA to deal with, hours at court, off work, etc., but well worth your time to be sure your insurance rates aren't affected.

A quick, calm, polite explanation to the judge/arbiter with a few photos of yours and a few of brand new EV6s on a dealer lot should do the trick. I've had several tickets dismissed due to an officer's (well-meaning) but dumb citations.

Best of luck and let us know how it goes.
 
#6 · (Edited)
I presume that the NY tint law determines compliance (or violation) based on the amount of light transmission through the glass? Google says this (taken from NY DMV web page):

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Note that the tint rule doesn't apply to the rear window if vehicle is equipped with outside rear-view mirrows on both sides--meaning if your vehicle has both side mirrors then the rear glass can be black as night and it wouldn't be in violation of the NY vehicle tint law. I will say that 70% light transmission makes for a fairly light tint if you were using the equivalent of 70% window tint film IMHO.

Police should have a (portable) light meter/measuring device that can measure light transmission amount--see if they are willing to measure the rear glass to see if you're not in violation.
 
#7 ·
I presume that the NY tint law determines compliance (or violation) based on the amount of light transmission through the glass? Google says this (taken from NY DMV web page):

View attachment 21154

70% light transmission effectively means ~30% tint; police should have a (portable) light meter/measuring device that can measure light transmission amount--see if they are willing to measure the rear glass to see if you're not in violation.
When I went to tint the front side windows to match the rears I was told exactly that, 30%. Fully legal in all 50 states or they wouldn't be manufacturing them that way. Sheesh. 🙄
 
#8 ·
Thank you everyone for the feedback. So According to New York State law, i can have any tint I want, as long my car is SUV. However, despite my car's registration listing it as a suburban SUV, the trooper visually classified my car for something else. I will fight this as he was older trooper that was bored and despite I was being polite he tried to intimidate for some unknown reason. Basically he stopped me without a real reason and that window tint is bs.
 
#9 ·
Did he use light meter tool to confirm his suspicion of too dark windows?
He will probably state on his statement that he did use light meter tool.
But you will have no stand if you didn't request his body camera and vehicle camera file, or you have video record interaction with law enforcement.
All law enforcement body camera and vehicle camera records are public records and you have right to obtain them whenever you feel you want to do your own research.
 
#13 ·
1st did you buy the vehicle in NY State and is it registered in NY State. If it was and registered as a new model it complies with all NY State regulations despite what the trooper mentioned otherwise it cannot have a Registration issued. If you bought the vehicle in New Jersey or Connecticut those same rules apply for tinting of windows, NJ is stricter than NY.. There are exceptions for the three states as far as emissions but that is not the matter before you.

In NY State has many of local courts especially town and village that are administered use magistrates that are non lawyers and most are part time., So take that in consideration when considering to contest this as they depending on the court can either be sympathetic or out right prickly, these individuals have great power with little knowledge.

If you decide to fight check out the local court personal and ask them what proof you need for your court date. And if decide to go to court, hope that the trooper is not there and citation will automatically be thrown out. If the officer does appear and does not give the proper information recited on the ticket as many just don't do there homework or even look at the ticket before them. This to will grounds for dismissal. Should you have the opportunity to cross exam the officer, be polite, but firm on the details. If a vehicle has not been alter and sold new in the last three states mentioned, would it not need to comply to all regulations before it could be registered. If they contend that it was altered, ask them how they know this, if they contend they use some instrument. As when was the last time the unit was calibrated, and then ask how often does the manual contend the unit needs to be calibrated. Also ask when the batteries were last changed in the unit. At this time also ask if they were wearing sunglasses or if they wear correction glasses at the time of the ticket. And then piece the two together. Also ask them the degree of tint and color they claim when was placed as a aftermarket, and if he is such an expert he could recite that as well . The one note of caution, should the judgement go against you depending on the which jurisdiction the court resides in, you could be liable for more than the ticket
 
#14 ·
I would like to obtain his body camera and vehicle camera recording and file a complaint. I would also suggest submitting a request to obtain his statement after he issued the ticket. Additionally, I would challenge his authority by the law as he is obligated to enforce and comply with the law, regardless of his official duty.
Whether they classified your vehicle as such, it is still, if nothing else, a passenger vehicle.
Officers that brake laws as they see fit and make false statements are subject to the investigation and investigation of all interactions with the public and every statement he ever made.
I'm not the lawyer,my lady is and I talk a lot of things with her.
 
#17 ·
1st did you buy the vehicle in NY State and is it registered in NY State. If it was and registered as a new model it complies with all NY State regulations despite what the trooper mentioned otherwise it cannot have a Registration issued. If you bought the vehicle in New Jersey or Connecticut those same rules apply for tinting of windows, NJ is stricter than NY.. There are exceptions for the three states as far as emissions but that is not the matter before you.

In NY State has many of local courts especially town and village that are administered use magistrates that are non lawyers and most are part time., So take that in consideration when considering to contest this as they depending on the court can either be sympathetic or out right prickly, these individuals have great power with little knowledge.

If you decide to fight check out the local court personal and ask them what proof you need for your court date. And if decide to go to court, hope that the trooper is not there and citation will automatically be thrown out. If the officer does appear and does not give the proper information recited on the ticket as many just don't do there homework or even look at the ticket before them. This to will grounds for dismissal. Should you have the opportunity to cross exam the officer, be polite, but firm on the details. If a vehicle has not been alter and sold new in the last three states mentioned, would it not need to comply to all regulations before it could be registered. If they contend that it was altered, ask them how they know this, if they contend they use some instrument. As when was the last time the unit was calibrated, and then ask how often does the manual contend the unit needs to be calibrated. Also ask when the batteries were last changed in the unit. At this time also ask if they were wearing sunglasses or if they wear correction glasses at the time of the ticket. And then piece the two together. Also ask them the degree of tint and color they claim when was placed as a aftermarket, and if he is such an expert he could recite that as well . The one note of caution, should the judgement go against you depending on the which jurisdiction the court resides in, you could be liable for more than the ticket
all makes sense, bought the car in CT but brought the car to NY and myself I drove to the near state inspection station and of course passed.
Was thinking that you'll need a photo of your door jam. Or show an officer your door jam... if they let you open your door!

With my GT lowered, it really looks more car than 'SUV'.
You better watch out for these small town PD.
 
#18 ·
Word of advice: don't go in there loaded for bear and get affidavits, body cam videos, and all that. I too thought that I was Perry Mason and it didn't end well for me, they brought in an actual lawyer and I could tell she was trying to get me on charges to put me in actual jail (for a very minor traffic accident.) The judge wasn't having any of it but the whole experience was not pleasant.

Basic rule, don't attract attention to the case. Just go in there, explain that it is how the car is sold and you are licensed in the state. If they uphold the ticket, sue Kia if you really want to do something. Don't mess with them. It won't end well.
 
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#20 ·
This was my first ticket in 18 years. The trooper seemed to profile the car which was unfamiliar to him. Even though he could clearly see my face, he still pulled me over. I didn't mention this I rolled the window up partially to demonstrate that there is no tint. I was careful not to aggravate him further. He walk away and give me ticket for rear and side windows. I contacted Kia, and they confirmed that all their vehicles, including those with factory-installed privacy glass, are permitted in every state, including Hawaii and Puerto Rico. It appears I was unfairly singled out. I was just thinking it’s okay I will clears this up but now it minds blowing me that he truly profiled me.
 
#19 ·
@WindyWA,

I understand that you may feel uncomfortable with this type of disclosure, but it is your legal right to access this information. Law enforcement officers are not your superiors and must adhere to the same constitutional laws as any other citizen. I would suggest that you take some time to learn more about your legal rights so that you can feel more confident in asserting them.
 
#24 ·
Have you ever been in court as a defendant? It is very easy to tell otheru people to be brave. We got way to into defending a minor ticket and it was just plain not worth it. If anyone does this, get a lawyer. We all think we can play football at pro level, until we step onto the field.
 
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#22 ·
my car's registration listing it as a suburban SUV
it's very strange to classify a body type as "suburban".
Urban SUVs never leave the pavement.
Suburban SUVs sometimes encounter a lawn or ball field.
Rural SUVs... what happens in the corn field stays in the corn field.
 
#23 ·
I find it funny the way the laws are written. My local police tell me the state law is 30 percent. The cop was asking about mine which is funny since I had it installed in the next town over which I asked them to make sure it was within the law. I think the tint stuff is just an excuse to pull you over to find anything else, the cop did state that if I was driving at 2 am he would stop me for the tine hoping I was intoxicated or something like that.
 
#26 ·
@WindyWA

I have successfully represented myself in legal proceedings without the assistance of an attorney. If you have substantial evidence to support your claim, even if the police officer involved is the son of the US president and has access to the best legal representation, it will not matter if the officer did not adhere to the law. Furthermore, a thorough examination of the officer's body camera and vehicle camera footage may reveal any false statements made during the traffic stop, such as the claim of using a light meter tool to legitimize the stop.
I may be brave or whatever you want to call me, but once my constitutional rights are violated and a police officer knowingly breaks the law to make their ticket stick, I will not stop until they are held accountable.
I have served the military and I guess I have learned one thing, liberty is messy and complex but without making law enforcement officers accountable for their decisions you will be always pushed by their actions that many times are not legitimate.
 
#27 ·
Google search?

I would like to draw your attention to Section 375 (12-a) of the NYS Vehicle and Traffic Law.
This is an equipment violation and not a criminal offense. Therefore, if you are knowledgeable about the law, defending yourself in court will be manageable.
While others are dreaming about autonomy, I am interested in AI that can completely replace lawyers. Even my wife would object to what I dream about. However, we all have the right to dream about a better world.
 
#28 ·
Guys, saga continuous here is a new update: I went to the court with a door homologation pic, registration, and press release from the NY DMV that the MPV vehicle is excluded from the tint law in the rear side and back window.
Press Release - 01-13-2017. QUOTE: A vehicle falls into one of these categories if it is labeled “Passenger Car” on the Federal ID label found on the left front door panel. But if the label says MPV (multi-purpose vehicle), truck, bus, etc., then the vehicle’s side windows to the rear of the driver’s seat are exempt from widow tint inspection’’ BUT first words in the court how much tinthas been applied to the windows? Is trooper check with the deviceI? I left I was not up to the discussion as apparently no one reads. I emailed State Police Headquarters, NY DMV to clarify. Received call from State Trooper who took my statement and said will follow up in a few. Called layer and he said if I accept plea and pay small fee - I said no thank you.
 
#29 ·
Guys, saga continuous here is a new update: I went to the court with a door homologation pic, registration, and press release from the NY DMV that the MPV vehicle is excluded from the tint law in the rear side and back window.
Press Release - 01-13-2017. QUOTE: A vehicle falls into one of these categories if it is labeled “Passenger Car” on the Federal ID label found on the left front door panel. But if the label says MPV (multi-purpose vehicle), truck, bus, etc., then the vehicle’s side windows to the rear of the driver’s seat are exempt from widow tint inspection’’ BUT first words in the court how much tinthas been applied to the windows? Is trooper check with the deviceI? I left I was not up to the discussion as apparently no one reads. I emailed State Police Headquarters, NY DMV to clarify. Received call from State Trooper who took my statement and said will follow up in a few. Called layer and he said if I accept plea and pay small fee - I said no thank you.
Good to know and sorry you're still dealing with this.

I guess my approach wouldn't be to try and make a complicated case based on some sort of obscure law with exemptions, etc. Every EV6 sold in the United States has the exact same tint on the rear windows from the factory. They're sold in all 50 states. That's the end of the story. It's legal. Period. No need to get impolite about it, but that's the only case that needs to be made. Unless you or a previous owner added additional tint, you're legal. Keep it simple. Or maybe I'm missing something?

My $.02
 
#31 ·
That is a ridiculous citation! And a waste of your time!
I've always wonder about tinting a license plate cover. I don't understand how this is available for sale much less legal?
I saw this while driving in KY. Slightly off topic but interesting.
Image
 
#32 ·
That is a ridiculous citation! And a waste of your time!
I've always wonder about tinting a license plate cover. I don't understand how this is available for sale much less legal?
I saw this while driving in KY. Slightly off topic but interesting.
View attachment 21248
That's probably the darkest one I've seen. Made to obscure the plate for speed and red light cameras. Most cameras catch the front and rear plates now (plus the driver), so probably a waste of time. Certainly looking to get a ticket!
 
#38 ·
In the UK you can't get a penalty unless the police officer has taken the relevant measurement - be it speed, blood/alcohol level, or a meter for measuring the amount of light passing through the glass. Issuing a penalty without evidence would win an instant appeal, let alone a court challenge.
I guess the US police forces are different.
 
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