uheenada

Hello all,
last past Sunday, I got pulled over for having an illegal tint. The tint reader showed 15% on front windows(33% is legal limit).
However, my wife is very sensitive to sunlight in fact, after living in AZ for 3 years, she had a skin cancer surgery past January 09
due to the extended exporsure to sunlight. She's just that type of person who needs to absolultely avoid the sun. Doctor told her to wear long sleeves
and jeans/long pants as much as possible and make sure to wear sunblock lotion rated SPF 50+ ALL THE TIME. Although
my wife and I never asked for the legal document/prescription/doctor's note(whatever they call this) to allow to have dark tints,
she sure does qualify for it I assume. So ever since that, I tinted both my wife's car and my car to 15% to make sure she avoids
as much as she can while cops can still see her inside(15% during the daytime, you can easily see inside). Limo is too dark for her
to drive at night as well as cops will be all over for that and didn't want her to get pulled over every week.

I'm alomst certain that she can ask for the document/notes from the doctor.
My question is, since she's my wife and she gets into my car a lot of times as well as drive my car by herself often,
can this ticket dismissed? I don't see why can't they, if I bring the marriage certificate to prove she's my wife
and the doctors note indicating my wife needs to avoid the sun. She's my direct family member and therefore, the laws
should honor to all direct family no? I know that all the direct family members get the handicapped tag if their family member/s
become handicap although the law says they are allow to park when handicapped family member is traveling with you.
Does anybody have experience like this?

uheenada

found the answer. The answer is yes but I need to take an additional process which
needs to send the letter along with vehicle registration to Medical Review Program for approval.
I don't doubt the approval but not sure if they can approve in time for my court appreance date.
I don't know if I should asking for another court date or just go see the judge and explain
that I'm in a process of getting an excemption?

Brit_in_NJ

Not being a lawyer it certainly sounds like its reasonable grounds to dismiss the case. Perhaps you can talk to the prosecutor and explain the situation, if you can show him the documentation presented to the medical review he might not pursue the case or agree to reschedule the case until after the review. I'm sure the letter of the law would say that because you needed the medical review first that your ticket is still valid, it's really their discretion if the prosecutor or judge dismiss the case. Depending on the price of the ticket it might not be worth getting an attorney or even fighting it if you can just mail in the standard fine. Might be better use of your time and money to just pay it and worry about the medical exemption later.

Just my non professional thoughts!

theXman

I'd definitely postpone the court date, so you can line things up better. This way, you will only have to do it once. If not, the Judge might ask you to come back with the actual approval before he/she would dismiss the case. Complete evidence is better than partial evidence.

Good luck!

2004E60Beemer

+1 I think you have a legit reason...Fight it..GL

uheenada

Thanks guys.
You guys are not gonna believe this. That same cop pulled me over today again
and gave me the tint citation again...... I just can't believe this.
What the heck is wrong with him? I truly don't want to disrepect the police but damn
he got really nothing to do. He made an abrupt and dangerous(and of course illegal U turn)
to chase after me. It was 35mph road and trust me he was at least 80mph catching up to my ass,
line up with me, staring at me for 2 seconds and he applied brakes very hard that I heard his tires
screeching and abruptly went behind me then pulled me over.
And for the 3 time in 3 weeks, he brought the reader and you are a bit darker than the law allows bla bla bla.

I'm pissed now and will going to fight him at the court.

He said that he will continue to write tickets until I strip off the tints. Is he allow to giving me same tint tickets
2 days apart? I mean the citation that I signed is that I received the complaint not I'm guilty, isn't it logical that he
can't give me the same ticket until I get the verdict on first ticket? The ticket doesn't say I'll need to remove
tints immediately. That's what judges do on the court date. I told me again regarding doctor's note and everything
but he won't budge one bit.

radzM

WOW! that's crazy!!! I don't think that's right because you still have an outstanding ticket but then again I'm no law knows it all.

I got pulled over once for not having a rear plate on a Friday night. Then, on a Saturday morning I got pulled over again
on the way to Bimmerfest. The cop said that he pulled me over because I didn't have my license plate on and I told him "oh I just
got a ticket last night for no plates" and he said something blah..blah..blah..So, he went back to his vehicle and gave me ticket for
tint instead! Oh crap!!!

hondacr59

yea- they gotta worry about tint and flooding the court system with b.s ticketsbecause thier 2 scared to go play with the real criminals that will shoot them for interferring with thier lifestyles

uheenada

I'm currently searching for a traffic lawyer to make that cop pay the price bothering me unresonably.
The reason I'm going to get a lawyer is to give him a nice trouble/hassle. I'm going to specifically ask
the lawyer to concentrate on the case of what he's been done to me rather than the ticket itself!!
The dismissed ticket is going to be icing on the cake!! I would pay hundreds of dollars to see that ass
whooped!!!

P.S I got pulled over 3 times at the same spot. I believe that's hes territory to patrol. I'm going to
avoid that road for time being and take a detour. I just can't believe I have to try avoid him.
After paying all the state taxes, I can't even use the public roads without fear of getting pulled over by him.
I'll definitely going to add I had to take detour every day to avoid him at the court!!

radzM

if you're getting a lawyer, then I would suggest you use the same road and let him keep pulling you over.
So that you can add to the lawyer that the cop is harassing you! What do you think?