NWMR - fighting traffic citation, any experience/advice?

Jenny952

I recently got a traffic citation for having windows in my car that were too dark... who knew?  I was pulled over while in the HOV lane with my daughter, and the officer gave me a violation for my windows.  I had no idea this was even a law, and he wouldn't do a "fix-it ticket" and DH and I ended up pulling the film off that evening.  I have an appointment for traffic court next week and was wondering if anyone has fought a violation and won?  Or if any attorneys out there have any advice for me?  Or am I just doomed and wasting my time trying to fight it?  Advice please!!

Jenny952

We actually did not have the windows tinted, they were like that when we purchased the car 2+ years ago... from a dealer.  It surprised me because I had been pulled over several times in the HOV lane and let go each time they saw that DD was in the car with me.  No one has ever said anything about the dark tint.  The ticket says that it is a moving violation, which is why I want to get it off my record. 

thedash

What state are you in? I'm a traffic defense attorney.

Pips09

I've had friends who have gotten these tickets, and sometimes they are able to have it removed and have the ticket dismissed, sometimes they have to pay. It's a pretty straightforward issue, either your tint is within the legal limit or not, but it doesn't hurt to bring proof that you removed it in and see if they will be lenient.

Jenny952

thedash said:

What state are you in? I'm a traffic defense attorney.

Minnesota

Avion22

Did you purchase the car in a different state?  Does your MN have annual an annual inspection requirement?

Generally speaking, "I didn't know it was against the law" doesn't really work, because you're supposed to know the laws (impractical, yes, but that's how it works).   Now, if you purchased the car in MN and had annual inspections in MN and were never notified that your tint was too dark, then MAYBE you have a case.

Also, depending on how the officer tested your windows, you might be able to get out of the ticket.  It depends on how the law is worded, but if it's a specific light-level that has to be able to pass through, then I think they have to use a special tester that goes on either side of the window and tests how much light is transmitted.  If it's a visual criteria (like "must be able to see occupants from the outside"), then this might be harder -- but that could also depend on what the ambient light conditions were like when you got pulled over.  If it was super-bright and there was a glare, then maybe if LOOKED like the windows were too dark, when really they were just fine.  Obviously this would be hard to prove now that you've removed all of the tint.  But it might make a difference.  

Nikosmom

Here in NY if it's a "fix it ticket" usually that's all u have to do. If you've removed the tint from the front windows, you show up and show them that - then they will drop the ticket. GL

thedash

Jenny952 said:

thedash said:

What state are you in? I'm a traffic defense attorney.

Minnesota

Well then I'm no help. :-p

But my non-legal advice is that it's probably worth a shot to go to court and explain. Be sure to take some printed photos of the car now with the tint removed. Some judges are cool and will at least suspend the fine but others won't really care.

sandrabrooke

I'm from MN. I had friends get the ticket removed but some that haven't. Best of luck!

Mustardseed2007

Is it weird that I'm a lawyer but would totally hire a traffic lawyer to defend me? I've gone both ways and Where I live traffic court is kind of a niche field. It's not that it's hard but there are a group of firms that do it all the time and the judges know them and they know the system and clerks and just have an easier time maneuvering through the administrative hoops. Even if I can get the same result defending myself, a traffic lawyer can do it with less stress and in half the time. I'd consider hiring a good traffic lawyer to defend you.

Jenny952

I am going to traffic court. My ticket says I have a right to appear in court and my appearance is friday at Ridgedale. I wouldn't mind just paying a fine but don't want my insurance rates to go up or have this on my permanent record.

Sending you my citation number now.