CHRRRIS

Ok so now that I read in IL it is LEGAL to have 35% tint all around (which I have), I am in quite the predicament.

Friday night at 8:20pm I was pulled over for "Tinted windows". The officer took my ID and proof of insurance and went back to his car, while his partner shined a flashlight through my hatch and noticed a few cases of beer.

I am not quite 21, so of course eventually the cop gave me a ticket for unlawful possession of alcohol..

I would take responsibility and pay the ticket, but according to illinois law, as of 10-30-09 (Friday) it became legal for 35% tints all around...

So, if he pulled me over for having tinted windows, when at the time it actually was completely legal...

THEN... should I appear on the court date and attempt to get out of this?

The way I see it is that he really had no reason to pull me over, therefore anything that was found after that should be thrown out as far as evidence for my ticket?

What do you guys think?

jrob56

iTrader: (39)

Im pretty sure you have a legitimate argument there but I would give a lawyer a call and see what he thinks.

CHRRRIS

Yeah I plan on getting opinions from a few local attorneys.. I don't want to actually hire an attorney since that would probably be just as much if not more than the fine after court fees.. I just want to know if I provide the exact section and wording of the law, if it will possibly dismiss anything after being pulled over.

I figure either way I have nothing to lose other than my time, so I might go for it anyways. Plus I can always get lucky should the cop not show..

GreenBlood

iTrader: (6)

from my understanding, the law has passed, but does not go into affect until January 1st

CHRRRIS

I too will ask some attorneys about that, but according to this, it says effective immediately..

http://www.cartype.com/pages/246/ill...ow_tinting_law

I need to get everything straight, and I just realized that should I still be found guilty, I will have to add $65ish for court fees. So, I'll let you guys know what some attorneys say and if I'm going to fight this.

94dragbird

iTrader: (6)

They will still probably fine you for the beer just for the fact you were in posession of it, no matter why you were pulled over to begin with. I could be wrong but that's just my .02

bballr4567

iTrader: (5)

That MIP ticket will haunt you for a few years. Higher insurance rate, harder to get insurance and so on. It doesnt make sense but itll happen.

I thought that having tint in IL isnt a primary traffic offense. Meaning they cant pull you over solely for that. Weird.....


Get advice from a lawyer for sure.

jrob56

iTrader: (39)

Not necessarily, I would look into the deferral program should you still be convicted, you pay more up front and take an alcohol class but keeps it off your record. I have done it twice, I never tried to fight the charge though cuz I had absolutely no case lol

CHRRRIS

Well it is an ordinance and from what I know and speaking with others who have gotten the same thing say that once you pay the fine and the ticket is filed with the court then it is dismissed.

If my case has no chance I don't want to risk having to pay the court fees as well, so depending on that I may just go ahead and pay the fine.

SilverGhost

iTrader: (53)

I'm reasonably sure the tint ticket would be the only thing you'd get thrown out if that law is in effect. Anything in plain sight during a traffic stop is fair game as far as I know, doesn't matter why they pulled you over or saw it in the first place.

Robin L

When I heard that they were changing the tint law I was kinda suprised. I mean the **** state of Illinois never ever gives back anything.
I read a ton of posts where guys were cheering because of the change.

I found a link and read the actual change. The way I read the law was that the only people who would be allowed the tint were people with medical exemptions. They had to have a doctors order and tey had to renew the permission every year.

Have you read the actual bill that passed?

I would be interested to know.

Robin

robsls1

iTrader: (5)

Nope they will state probable cause to pull you over. As the others have stated the judge will dismiss the tint ticket and nail you for the beer. The beer is a higher fine then the tint.

CHRRRIS

I didn't get a ticket for anything but unlawful possession. What would be probable cause for pulling me over if the tint is legal?

Ethan[ws6]

iTrader: (13)

They can pull you over for whatever they want.. its bullshit but they can get away with it.. i got pulled over for speeding in a parking lot when I was going 7mph.. got a ticket for not having my license...

JUICED96Z

iTrader: (2)

I think that is what will happen also.

All's the cop has to say is that it looked illegal and pulled you over and he also saw the alky from outside the car (legal) and gave you a ticket for that and found upon closer inspection that that tint was legal and say hi to the fine and higher insurance and court fees.

beatmeofficer

yea he can pretty much say he thought the tints were too dark and pulled you over, in the process found the beer. it's weak, but you're probably f'ed.

JUICED96Z

iTrader: (2)

Ive been pulled over a few times, once was for suspected drunk driving...... I was not drunk nor had i been drinking. I just drive a turd that does not like to go perfectly straight sometimes..... If I had something illegal in the back seat the cop in court could have said he suspected me of drunk driving, found that I was not drunk but saw such and such in my back seat... case closed.

CHRRRIS

Yeah I guess he could always say the 'it looked like it was darker than 35%' BS...

I haven't called any attorneys about this yet because I wanted to get a little more info from the PD about when I need to pay by, etc. They did inform me that when it is paid on time, it will only be filed and kept at city hall, and won't appear on my personal record for just about any job I apply for except a police officer.. which I have no intentions of being.

Right now I'm thinking I'm just going to pay the violation and lesson learned.. Well, not really a lesson so much as a deterrence on that night's festivities. And my savings account.

JUICED96Z

iTrader: (2)

How is it BS?

When you are driving down the road and see another car driving down the road with tint AT NIGHT can you tell for sure every time what is legal and what is not? I sure can't and I have pretty good eyes... my 96 had factory tint but at night it sure did not look like it.

It might not show up if a company runs an average back ground check but if you ever have to apply for a security clearance or something you better fess up with it....... nothing is hidden when they do that kind of a back ground check.

jrob56

iTrader: (39)

Well tint laws are BS in the first place, so ya getting pulled over for it is BS too. I mean really its like getting pulled over for turn signal or some other fishing bullshit. They dont care how dark your windows are but theyd love to write you a ticket for something else like what the OP got!

Mines isnt tinted but will be this winter, but no one cares in Indiana anyways so...