# A MD car ticketed driving through VA for having too dark window tinting. Enforceable? **URL:** \ **Category:** Factual Questions\ **Created:** [August 31, 2016, 10:00pm UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606 "2016-08-31T22:00:04Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![YogSothoth](https://avatars.discourse-cdn.com/v4/letter/y/8edcca/32.png) [@YogSothoth](https://boards.straightdope.com/u/YogSothoth)\ **Post date:** [September 1, 2016, 3:25am UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/21 "2016-09-01T03:25:12Z")
> [@RadicalPi](#): > > That seems like a good way to get your license suspended. They’ll have to catch him first! ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [September 1, 2016, 3:34am UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/22 "2016-09-01T03:34:03Z")
> [@Shagnasty](#): > > I think you are generally correct. Inspection requirements are a good example. I drove for years in both New Hampshire and Massachusetts with a vehicle that was registered in Louisiana with an expired inspection sticker. I got stopped several times and the police in New England would not touch the inspection sticker violation even though they always commented on it. DC once ticketed me for an expired VA inspection sticker. Maybe because it’s the sort of thing that probably comes up more often between neighboring jurisdictions. ---
**Author:** ![PastTense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pasttense/32/14550_2.png) [@PastTense](https://boards.straightdope.com/u/PastTense)\ **Post date:** [September 1, 2016, 3:40am UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/23 "2016-09-01T03:40:16Z")
> [@Spiderman](#): > > I can easily control my speed on any given road but I can’t change my equipment (window tinting) easily. When you choose to have your windows tinted, select tinting which is legal in all states. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [September 1, 2016, 4:24am UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/24 "2016-09-01T04:24:55Z")
> [@Procrustus](#): > > [Maybe impermissible burden on interstate commerce](https://en.wikipedia.org/wiki/Bibb_v._Navajo_Freight_Lines,_Inc.). > > If each state were free to regulate how much tinting you could have on your car, a driver couldn’t freely travel from state to state. > > [I’m not saying this is how a court would rule, but it’s an argument.] Not exactly. In Bibb, the issue was that there were two mutually exclusive state laws: compliance with one was violation of the other, and vice versa. It was therefore impossible to legally equip a truck to conform to the requirements of both straight and curved mudflaps. In this case, Virginia requires front side window tint allow more than 50% of light in. (See Code of Virginia § 46.2-1052) Maryland law requires that front side window tint allow more than 35% of light in. (See Maryland Transp. Article § 27-101(a).) Therefore, windows legal in Virginia would be, _a fortiori_, legal in Maryland. It’s true that some windows legal in Maryland would not be legal in Virginia, but that’s not mutual exclusion. ETA: should have kept reading the thread. ☹ ---
**Author:** ![bibliophage](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bibliophage/32/7615_2.png) [@bibliophage](https://boards.straightdope.com/u/bibliophage)\ **Post date:** [September 1, 2016, 5:32am UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/25 "2016-09-01T05:32:44Z")
You can read the statute yourself : [§ 46.2-1052. Tinting films, signs, decals, and stickers on windshields, etc.; penalties.](http://law.lis.virginia.gov/vacode/title46.2/chapter10/section46.2-1052/) As written, it applies in general to “any motor vehicle operated on the highways of the Commonwealth” and not just to vehicles registered in Virginia. ---
**Author:** ![BwanaBob](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bwanabob/32/2985_2.png) [@BwanaBob](https://boards.straightdope.com/u/BwanaBob)\ **Post date:** [September 1, 2016, 12:11pm UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/26 "2016-09-01T12:11:24Z")
> [@Peremensoe](#): > > Virginia is not forcing you to drive your noncompliant car into the state. The question should be would a reasonable person be aware that the vehicle was non-compliant. Suppose some idiotic state decided that fire engine red was a no-no except for actual fire engines. Barring a national news story, how could I be expected to know of this quirky rule? Is it then the responsibility of that state to post their unique rules on signs as you enter their state? Where do you draw the line on such state-specific rules? ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [September 1, 2016, 12:25pm UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/27 "2016-09-01T12:25:28Z")
I can’t answer the question but I will say it wouldn’t be enforceable in New Jersey. The officer would be justified in stopping the vehicle but could not issue. If it was an equipment violation for federally mandated safety equipment then a ticket could be issued. [State v Cohen](https://www.judiciary.state.nj.us/mcs/case_law/a1102-00.pdf) PDF Highlights: “…the exemption afforded N.J.S.A. 39:3-15, which allows non-resident owners of motor vehicles registered in other states from complying with New Jersey equipment requirements, does not preclude an officer from making a stop and requiring the driver to produce registration and driving credentials when the police officer observes an out-of-state licensed vehicle with an equipment violation” Example: Tinted windows, no front plate, view obstruction, etc… May be legal in other states, but officer may stop under “community caretaker” function and require vehicle documentation. “Furthermore, because the federal equipment standards apply equally to out-of- state vehicles, there is no reciprocity under N.J.S.A. 39:3-15 to an out-of-state resident who fails to comply.” Example: Headlights, tail lights, cracked windshield, etc. Federal law requires vehicles to have and maintain certain equipment standards. Out-of-state vehicles are not exempt and may stopped AND issued for equipment violations that violate federal mandated requirements. ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [September 1, 2016, 2:40pm UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/28 "2016-09-01T14:40:55Z")
> [@Bricker](#): > > In this case, Virginia requires front side window tint allow more than 50% of light in. (See Code of Virginia § 46.2-1052) Maryland law requires that front side window tint allow more than 35% of light in. (See Maryland Transp. Article § 27-101(a).) > > Therefore, windows legal in Virginia would be, _a fortiori_, legal in Maryland. It’s true that some windows legal in Maryland would not be legal in Virginia, but that’s not mutual exclusion. Just to be safe about complying in each state, I will apply both a 50% tint and a 35% tint to my window. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [September 1, 2016, 3:26pm UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/29 "2016-09-01T15:26:31Z")
> [@BwanaBob](#): > > Barring a national news story, how could I be expected to know of this quirky rule? The same way you can be expected to know what the law is in the state where you reside. If you were arrested in the UK carrying a firearm, would you demand that the police just let you go because you had no way of knowing it was illegal? > [@](#): > > The question should be would a reasonable person be aware that the vehicle was non-compliant. A reasonable person knows that laws differ from state to state. It’s one of the prices you pay for a federal system of government. ---
**Author:** ![furryman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/furryman/32/99_2.png) [@furryman](https://boards.straightdope.com/u/furryman)\ **Post date:** [September 1, 2016, 3:33pm UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/30 "2016-09-01T15:33:55Z")
The real question here is are you willing to drive all the way to Virginia to fight this ticket? They’re hoping you’re to lazy to bother. ---
**Author:** ![joema](https://avatars.discourse-cdn.com/v4/letter/j/a9adbd/32.png) [@joema](https://boards.straightdope.com/u/joema)\ **Post date:** [September 1, 2016, 3:45pm UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/31 "2016-09-01T15:45:16Z")
> [@bibliophage](#): > > You can read the statute yourself : [§ 46.2-1052. Tinting films, signs, decals, and stickers on windshields, etc.; penalties.](http://law.lis.virginia.gov/vacode/title46.2/chapter10/section46.2-1052/) As written, it applies in general to “any motor vehicle operated on the highways of the Commonwealth” and not just to vehicles registered in Virginia. That law also says _“Law-enforcement officers shall use only such equipment or devices to measure light transmittance through windows that meet the standards established by the Division. Such measurements made by law-enforcement officers shall be given a tolerance of minus seven percentage points.”_ So there is a 7% tolerance from what the measuring device reads, which reduces the actionable difference when differentiating between 50% to 35% tint to about 8%. That assumes the officer used a measuring device in accordance with factory procedures, which met the standards and was properly calibrated. I wonder if all those things were done in this case? It would be interesting to see the procedural requirements for using the device. Does it require taking multiple measurements at different window locations and averaging them, or does the device do that? Does it require any special care about avoiding glare from the sun, cleaning the window before measuring to avoid false readings from dirt/dust? Is there a photo detector in the device which itself has a cleaning schedule to avoid giving misleading readings? ---
**Author:** ![ftg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ftg/32/2801_2.png) [@ftg](https://boards.straightdope.com/u/ftg)\ **Post date:** [September 1, 2016, 3:49pm UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/32 "2016-09-01T15:49:23Z")
There are some states that have reciprocal auto license arrangements. If a vehicle is street legal in the home state, then the other state has to allow it. I have a cousin with a (licensed) 4 wheeler that’s street legal in his home state but wouldn’t be in the state next door if it wasn’t for this arrangement between the two states. He’s been pulled over, he cites the statutes to the cop and is let go. Something to check into. The complication in the OP is that the vehicle might not qualify for home state protection. ---
**Author:** ![Tired\_and\_Cranky](https://avatars.discourse-cdn.com/v4/letter/t/a87d85/32.png) [@Tired\_and\_Cranky](https://boards.straightdope.com/u/Tired_and_Cranky)\ **Post date:** [September 1, 2016, 3:56pm UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/33 "2016-09-01T15:56:45Z")
You could look for a Virginia statute or ruling that would prohibit the state from enforcing equipment violations on out-of-state registered cars. I didn’t find one but I didn’t look too hard. So far, courts have not been sympathetic to defendants who assert that the dormant commerce clause or the full faith and credit clause prohibit a state from enforcing its window tint laws on an out-of-state registered car. As far as I can tell, federal courts in the Fourth Circuit which would directly apply to Virginia, have not directly addressed the issue. Some adverse precedent includes: U.S. v. Ramirez, 86 Fed. Appx. 384 (10th Cir. 2004) (Full faith and credit clause does not prohibit enforcing Utah’s window tinting law against a Colorado registered van even though the van did not violate Colorado’s less-restrictive law); U.S. v. Velazquez-Rojo, 2007 WL 1594773 (D.C.Utah Jun 1, 2007) (vehicle registered in Arizona could be stopped in Utah for violating the latter state’s window tinting law); U.S. v. Schwartzkopf, 2010 WL 2024490 (D.C.Utah Mar. 8, 2010) (Whether defendant’s vehicle violated the window tint requirements of the car’s registration state is irrelevant because the officer had reasonable suspicion that this particular motorist violated Utah’s window tint requirements where he was operating). At least one trial court in California has also rejected the idea that the dormant commerce clause prohibits it from enforcing its window tint laws against out-state-registered vehicles. See People v. Hutchinson, 211 Cal.App.3d Supp. 9 (May 30, 1989). See also, U.S. v. Eckhart, 2006 WL 1073465 (D.C.Utah Apr. 10, 2006) (“enforcement of Utah’s license plate statutes [requiring that they be visible and legible from a distance] on out-of-state drivers does not violate the Commerce Clause” because the state where the car was registered imposed a similar requirement). You could distinguish your case from this one at least because your window tint doesn’t violation your home state’s laws. ---
**Author:** ![PastTense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pasttense/32/14550_2.png) [@PastTense](https://boards.straightdope.com/u/PastTense)\ **Post date:** [September 1, 2016, 5:27pm UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/34 "2016-09-01T17:27:17Z")
> [@BwanaBob](#): > > The question should be would a reasonable person be aware that the vehicle was non-compliant. Do a Google search: tinting windows laws Here is the first response: [http://drivinglaws.aaa.com/tag/glass-window-tinting/](http://drivinglaws.aaa.com/tag/glass-window-tinting/) ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [September 1, 2016, 11:01pm UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/35 "2016-09-01T23:01:12Z")
> [@t-bonham@scc.net](#): > > (Just like the 55 mi/hr speed limit in VA applies to all cars, even one from Wyoming where there is no speed limit.) Since when is there no speed limit in Wyoming? > [@OldOlds](#): > > What about front plate states vs. no front plate states? What about inspection rules and frequency requirements? Antique plate rules? > It would be utterly impractical to enforce many of these rules across states. Damn, I’ve been pouring through WILENET to no success trying to find the court ruling on this. Problem is I don’t know what year it was in so it could take forever to find it. But there was a ruling that said it was probable cause to stop a vehicle in a state that required 2 plates even if the vehicle was registered in a state that required only 1. I believe the ruling also included a good faith clause in that if an officer believed a car with 1 plate came from a state that the officer reasonably believed required 2 plates a stop could be made, even if the 1 plated car from a 2 plate state was currently in a state that only requires 1 plate itself. Things like this is why many states within themselves pass pre-emption laws on certain issues so there is continuity of law through the state. ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [September 2, 2016, 2:25am UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/36 "2016-09-02T02:25:42Z")
> [@BwanaBob](#): > > Where do you draw the line on such state-specific rules? If it comes to it, the line is drawn by a jury or a judge in court, when they decise what a ‘reasonable person’ should know. (And it’s an old principle in law that _ **Ignorance of the Law is no excuse** _). (Besides, only gang thugs tint their windows darkly.) ---
**Author:** ![Just\_Asking\_Questions](https://avatars.discourse-cdn.com/v4/letter/j/ba9def/32.png) [@Just\_Asking\_Questions](https://boards.straightdope.com/u/Just_Asking_Questions)\ **Post date:** [September 2, 2016, 2:28pm UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/37 "2016-09-02T14:28:33Z")
Gah, you people here that keep saying things like “you should know the rules before you go into the state”. Such a useful comment. What do you think, people are going to take their window tint off when they cross into VA, and put it back on again at the next border? It’s not at all like carrying a gun into the UK, and you damn well know that. Ignorance of the law may be no excuse, but ignorant answers are no help. JAQ, from the land of the SUN Nuclear blast proof tint is just about right for the summer months here ETA: Arizona does not require front plates. In fact, they don’t even give you one. Making it impossible to be in compliance in two-plate states. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [September 2, 2016, 2:56pm UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/38 "2016-09-02T14:56:46Z")
> [@pkbites](#): > > Damn, I’ve been pouring through WILENET to no success trying to find the court ruling on this. Problem is I don’t know what year it was in so it could take forever to find it. > > But there was a ruling that said it was probable cause to stop a vehicle in a state that required 2 plates even if the vehicle was registered in a state that required only 1. I believe the ruling also included a good faith clause in that if an officer believed a car with 1 plate came from a state that the officer reasonably believed required 2 plates a stop could be made, even if the 1 plated car from a 2 plate state was currently in a state that only requires 1 plate itself. > > Things like this is why many states within themselves pass pre-emption laws on certain issues so there is continuity of law through the state. Similar to the case law I quoted above. A state specific equipment violation is a valid reason to stop a vehicle but not to issue a summons. > [@t-bonham@scc.net](#): > > If it comes to it, the line is drawn by a jury or a judge in court, when they decise what a ‘reasonable person’ should know. (And it’s an old principle in law that _ **Ignorance of the Law is no excuse** _). > > (Besides, only gang thugs tint their windows darkly.) In the case law I cited for my state the line is drawn at equipment mandated by the federal government. So it’s a valid excuse that your state allows window tint but not that it’s ok to not have headlights. ---
**Author:** ![gnoitall](https://avatars.discourse-cdn.com/v4/letter/g/bb73d2/32.png) [@gnoitall](https://boards.straightdope.com/u/gnoitall)\ **Post date:** [September 2, 2016, 3:20pm UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/39 "2016-09-02T15:20:48Z")
> [@Just\_Asking\_Questions](#): > > Gah, you people here that keep saying things like “you should know the rules before you go into the state”. Such a useful comment. What do you think, people are going to take their window tint off when they cross into VA, and put it back on again at the next border? It’s not at all like carrying a gun into the UK, and you damn well know that. > > Ignorance of the law may be no excuse, but ignorant answers are no help. > > JAQ, from the land of the SUN > Nuclear blast proof tint is just about right for the summer months here > > ETA: Arizona does not require front plates. In fact, they don’t even give you one. Making it impossible to be in compliance in two-plate states. You rant as if it mattered. The objective question was asked “Can a ticket be issued in one state for a level of windows tinting legal in another state?” And, apparently, the answer is “Yes.” Beyond that, so what? No one asked if it’s fair, or nice, or good form, or tasty. Because in GQ, that doesn’t matter. Ignorance is fought. Q.E.D. ---
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [September 2, 2016, 3:45pm UTC](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606/40 "2016-09-02T15:45:23Z")
> [@t-bonham@scc.net](#): > > In reality, a VA officer would probably just issue a warning to an MD car for this (unless the driver had otherwise annoyed the officer). In fact, this isn’t normally an offense that triggers a traffic stop all on its own. Maybe not normally but it happened to me. In 1989 I was stopped by a Montgomery County (Maryland) officer for having tinting. It was not dark and I don’t know what drew his attention. At that time after-market tinting was not allowed in Maryland and I had a car registered in Maryland. I had the tinting done when I lived in Florida for a year but the car continued to be registered in Maryland. It was a repair & report ticket, no fine as long as I removed the tinting. [Previous page](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606.md?page=1) [Next page](https://boards.straightdope.com/t/a-md-car-ticketed-driving-through-va-for-having-too-dark-window-tinting-enforceable/764606.md?page=3)