Question: Window tint laws when traveling
#16
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The way I've always understood it is that you are liable for each individual state's laws as soon as you are in that state.
But with stuff such as DMV related laws it's always been (in MY experience) that police don't bother cars w/ out of state plates/registration for things other than generic tickets (speeding, running lights, etc)
But with stuff such as DMV related laws it's always been (in MY experience) that police don't bother cars w/ out of state plates/registration for things other than generic tickets (speeding, running lights, etc)
#18
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officers may issue the ticket, but that does not mean you are guilty of the infraction. if you were to contest a citation for a violation that is not regulated, or is legal in the state that a car is registered, a court cannot enforce that citation. the violation can only be cited if it is in concordance with the registered state. with the front tag issue that james noted, that violation will not hold up in traffic court. next time you get a ticket, i'll represent you pro bono.
edit: from police and law enforcement forum.
http://forums.officer.com/showthread.php?t=83853
edit: from police and law enforcement forum.
http://forums.officer.com/showthread.php?t=83853
Last edited by speedracer g37; 09-27-2009 at 03:45 AM.
#21
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I agree with most comments, but it seems that some of the traffic laws are a judgement call by the offficer issuing the ticket. Most have said this makes no sense, but when you are travelling state to state you have to realize the changes in the laws. A basic premise of the law is that not knowing something is not an excuse. Although this seems retarded, you can get a ticket for this infraction. This does not mean that you will. I was visiting my family in PA. When I purchased my car it was registered in AR. I got pulled over while in a bunch of cars (all going the same speed) because the officerr said I had dark tint. I did not get the ticket either, but if I was drinking or drugging i definitely would have. Seems to me that these are excuses to pull you over and check for other illegal activities. Same thing for seat belt laws. Although they may seeem mundane, they are just ways to see if other illegal activitiess are occuring. I also had the AR tint for 8 years in IN and never once got a question from anyone here. Many things in the law are subjective, although the offenses are not subjective the inforcement of them is.
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#23
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Seems to me that these are excuses to pull you over and check for other illegal activities. Same thing for seat belt laws. Although they may seeem mundane, they are just ways to see if other illegal activitiess are occuring. I also had the AR tint for 8 years in IN and never once got a question from anyone here. Many things in the law are subjective, although the offenses are not subjective the inforcement of them is.
#24
To the best of my knowledge this is simply incorrect. any police officer giving you a ticket is in violation of the united states constitution.
you can CA does not provide an exemption. this may be true but the US constitution does and you must be in compliance with the US constitution.
this applies to "parts" of the car that are typically factory (so they might be able to wiggle out of this with the difference between factory and aftermarket I am not 100% sure on that)
the relevant part of the constitution is
Article IV, Section 1:
Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
what this means is that CA must recognize AZ laws in this regard. Period.
so if CA required 2 plates and AZ only 1 CA can not lawfully ticket you for lack of a second plate.
if AZ permits X tint and CA does not they can not lawfully ticket you for such.
it is that simple. no real discussion is possible.
can they unlawfully ticket you anyway? sure they have a badge and a gun and almost no accountability so they can pretty much do anything they want.
get to court and you SHOULD win.
seat belts helmets are not the same thing. those are OPERATION items.
now if your car predates seatbelts and the car is legal in your state then the car SANS seatbelts is also legal in california.
they can not ticket you for not having a seat belt on in a car that lawfully has no seatbelt and is otherwise lawful.
I live in PA no helmet required. NJ requires. I CAN be ticketed for not having a helmet in NJ (who in the world would ride without one??)
that is an operation thing. like speeding or driving on the grass or making a uturn.
some things get "grey" such as the texas passengers drinking beer in the moving car. 100% legal in texas.
technically that is an operation thing but only a seriously douche cop would ticket for that since they can not possibly be reasonably expected to not only know its illegal across state lines but have no reason to even SUSPECT it is something they need to be aware of.
for the most part unless your being a douche in some other way a cop worth his badge wont ticket once he realizes your out of state and that you WILL win when you get to court in most cases (court can also do what they want in violation of the law for the most part without consequences)
NOW if you "MOVE" to that state and desire to register your car their then YES it must comply with the local state laws you are registering in.
you can CA does not provide an exemption. this may be true but the US constitution does and you must be in compliance with the US constitution.
this applies to "parts" of the car that are typically factory (so they might be able to wiggle out of this with the difference between factory and aftermarket I am not 100% sure on that)
the relevant part of the constitution is
Article IV, Section 1:
Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
what this means is that CA must recognize AZ laws in this regard. Period.
so if CA required 2 plates and AZ only 1 CA can not lawfully ticket you for lack of a second plate.
if AZ permits X tint and CA does not they can not lawfully ticket you for such.
it is that simple. no real discussion is possible.
can they unlawfully ticket you anyway? sure they have a badge and a gun and almost no accountability so they can pretty much do anything they want.
get to court and you SHOULD win.
seat belts helmets are not the same thing. those are OPERATION items.
now if your car predates seatbelts and the car is legal in your state then the car SANS seatbelts is also legal in california.
they can not ticket you for not having a seat belt on in a car that lawfully has no seatbelt and is otherwise lawful.
I live in PA no helmet required. NJ requires. I CAN be ticketed for not having a helmet in NJ (who in the world would ride without one??)
that is an operation thing. like speeding or driving on the grass or making a uturn.
some things get "grey" such as the texas passengers drinking beer in the moving car. 100% legal in texas.
technically that is an operation thing but only a seriously douche cop would ticket for that since they can not possibly be reasonably expected to not only know its illegal across state lines but have no reason to even SUSPECT it is something they need to be aware of.
for the most part unless your being a douche in some other way a cop worth his badge wont ticket once he realizes your out of state and that you WILL win when you get to court in most cases (court can also do what they want in violation of the law for the most part without consequences)
NOW if you "MOVE" to that state and desire to register your car their then YES it must comply with the local state laws you are registering in.
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