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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Jbq
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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
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
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I agree with you about any court situation. There are times you can talk to prosecuting attorney and see where they stand since they have to defend the ticket and may just be able to avoid court.
But before anyone goes to court for these minor violations, Especially in these small jurisdictions, they need 1. To figure whether there time and energy and money are worth fighting the ticket. 2. In NY these especially need to size up the court they are to appear in. Again many of the officials presiding over the whether justice of the peace or title of judge may not be attorneys with any legal background (go figure) and have no idea of legal precedent let alone evidence procedure. further they can if found guilty add court costs to the ticket itself(of course if these courts violate rules these cases can of course be appealed, but again a time a costly procedure). Anyone who thinks justice is free and easy will have they're eye opening experience should they go into legal system even for the most minor offenses. I would add, its better to fight these offenses in a large city like NYC than in Plattsville NY. These risks should be calibrated into anyone's decision to fight the ticket.
And 3 they can easily find out how often the police actually show up for these court dates to attest to what is on the ticket. And 4. Seek advice from a friend or family member who is an attorney, in NY all you have to do is throw a rock in the air and you're bound to hit one.
I give no recommendations as it is not my place to do so, nor do we have all the details, but the defendant should be fully aware of they re rights and pitfalls when appearing in these small courts.
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