Questions about auto tint violation in NY State

In My Humble Opinion
1

Hello all.

Posting this message here in hopes I can get some useful information to help me out with a recent situation.

Earlier today, on my way home from work (literally the last 30 seconds from my driveway on a 10 minute drive. Go figure, eh?), I was stopped by an officer and given a citation for my window tint being too dark.

The officer explained the laws in NYS (at least 70% light penetration) and then printed me up a citation to basically appear in court in 1.5 months. He advised that “the judges like when you have the tint removed”.

Irony is, I already intended to remove the tint, as it’s been on the car for over 5 years and is starting to peel… Anyway… On to my situation.

In my case, the tint was installed when I lived in Florida, which is where I purchased the car. I’ve since moved to other Southern states and have never had any issues with it. I’ve moved upstate NY and have lived here for 1.5 years so far without issue. I had no idea, until today, that I was in violation of a window tint law in NY State. No one has ever brought it to my attention and, having been stopped at traffic lights, and driving aside police cars many times, with my windows up, I’ve never been stopped.

So, being stopped and cited for it was quite unexpected, not to mention unpleasant.

I have no intention of pleading not-guilty to it. It is what it is. I have illegal tint, the officer used a tint gauge to measure it. I’m not going to try and “talk or excuse my way out of it”.

What I’d like to know is…

  1. What are the fines involved? I’ve looked this up online and the answers seem to be all over the board, ranging from $30 per window, to over $100 per window. Some people mention paying as “low” as $60, some as much as $300.

This is really important as, frankly, I’m on a pretty tight budget, living almost paycheck to paycheck, and a really expensive ticket could really screw me up. I’d like to at least have some idea of what it might cost so I can plan my finances accordingly as early as possible.

  1. If I have the tint removed (which I will) and indicate as much at court, and it’s verified by an officer (as I’ve read is what usually happens) to the judge’s satisfaction… could that help bring down the fees substantially? Would it being my first “offense” work to my benefit in this case?

I’ve read/heard advice so far to “just pay the fine and consider it the cost of having tinted windows”, but frankly, I have no interest in doing that. That so many seem to have such a “blase” opinion of it tells me, at least, that it’s not a huge deal.

Still, it’s a potentially/possibly very expensive deal for me and one I’d like to mitigate as much as possible.

So… If anyone here could provide me some kind of good, solid information on how this whole situation works, maybe give a general “ballpark” range of what I might expect to be fined, that would be awesome and very appreciated.

Thanks!

2

I do not understand. You got a ticket with no dollar amount on it? You have to go to court, rather than pay the ticket and accept the points? I don’t think I’ve ever heard of such a thing except for more serious violations like DUIs.

3

I dunno about New York, but in my state, if you ask nicely, the Judge may approve a payment plan, allowing you to pay the fine in installments.

4

Yep. No fine on it.

Apparently, you go to court and depending on what you plea and what the court finds, your fine is determined by that.

From what I can gather reading different accounts, it’s set up that way so they can get you for the initial fine, plus surcharges for the court and such. More $$$ for them.

I could take the chance and send back the ticket simply pleading guilty and let them set a fine for me. But in that case, it could end up a lot higher simply by virtue of how “cut and dry” it is. If they do, in fact, go more leniently on you for removing the tint, and proving it, then that would be the better scenario.

5

You may find a plea of not guilty more helpful as this will allow you to talk with the officer before to reduce the fine. And remember it is not your obligation to confess, it is their burden to prove - including prove to you.

I have noticed a great deal of mostly larger SUV’s with dark tinted windows since the HOV lane of the LIE was opened, usually driving in that lane, which makes it difficult to impossible to see how many passengers are in the car.

6

I believe he said the officer used a tint gauge to demonstrate to him that the tint is too dark. I think he’d be better off removing the tint and seeing if he could go “no contest”, if that is allowed in his state. Seems a bit ballsy to plead not guilty when the officer has already demonstrated he is guilty.

7

Do they still have “Guilty, with an explanation” as a plea? If so I’d explain exactly what you’ve posted. Had the job done in FL, moved to several states since with no issues etc. Let the judge know it wasn’t your intention to have an illegal tint.

When I lived in NY forty years ago they had state inspections. Assuming they still do, why wasn’t it caught then?

8

Go to court, physically, and go to get there early. Talk to the Assistant D.A. handling cases. Be prepared to show evidence you had the tint removed. Probably the D.A. will be willing to move your case be “dismissed in the interests of justice.” If the judge asks for a plea, request permission to withhold your plea until after an explanation, state you had the tint put on in a state where it was legal, had been intending to have it removed anyway because it was peeling, and that you had no idea until stopped by the cop that you’d violated New York law, and have now had it removed. You now request the violation be dismissed as you acted to correct it. The D.A. will then (probably) agree, and the judge will dismiss it. (I’m not sure if New York expects you to pay court costs on a case like this; be prepared to do so if necessary.)

9

Sure this isn’t some sort of “fixit ticket”? I don’t know anything about New York, but around here the LEO’s, if they are feeling friendly and you have a good driving record, might write a “fixit ticket”. In which case you have a specified number of days to correct the problem and present the vehicle for inspection. If the problem is corrected there is no fine. If you fail to show for inspection in the alloted time, I believe you get a summons and a fine is imposed. As I said, I don’t know NY so maybe this sort of thing doesn’t even apply there.

10

I got pulled over (western PA) once with a burned out tail light. There was no fine amount on the ticket, because you are supposed to remedy the problem and show up at the magistrate with proof (receipt from auto-parts place or mechanic).

The cop explained that in his experience, nobody was fined as long as they fixed the problem. Turns out the magistrate was having a very bad day and gave me the maximum fine. When the cop spoke up on my behalf, the magistrate said that he should shut his mouth unless he was answering a question.

11

That is very good advice, Polycarp. If you outlined your case as above to the DA and proved that your tint was removed (a reciept is usually enough) you would be quite likely to get the case dismissed. It will take you a little time but you would only then have to pay an administrative fee and be gone. Good luck!

12

I once let my inspection lapse (PA) and was pulled over by a police officer. He told me that if I had my car inspected within the next seven days, the fine would be waived. I went to the court dated printed on the ticket and showed the Judge that I had my car inspected within 7 days of the incident. They waived the fine.

I would assume that if you removed the tint ASAP and were able to prove that to the Judge, they would go easy or easier on you. You may also be able to explain that you had the tint installed in Florida and did not realize it was an issue in NY. Be polite and don’t go in with a chip on your shoulder. There was a guy in traffic court with me that came in with a shitty attitude and his fine was not waived even though he corrected his expired tags before coming to court. He was back talking and bitching about having to come to court at all for something so minor.

13

Since this is about legal advice, it’s better suited to IMHO than GQ.

Colibri
General Questions Moderator