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  1. #1
    Join Date
    Jun 2013
    Location
    Boca Raton, FL
    Posts
    1

    Default Ticketed for Illegal Tint Even with Medical Exemption Certificate

    My question involves vehicle maintenance laws for the State of: Florida

    I was recently pulled over for illegal window tint, which has happened many times over the past 10 years I have had this tint on my car, and I presented the officer with my medical exemption certificate and he ticketed me anyway! He said that the medical exemption certificate does not apply to the front windshield below the factory line at the top. My entire windshield is tinted and to my knowledge this is legal with the exemption certificate. I had it professionally installed and the shop who did this said my certificate allowed for the entire windshield. No where on my certificate does it state that it only applies to the % of tint and no where does it state that it only applies to the top 4 inches of the front windshield. My medical condition does not discriminate on what method the sun burns my face. I live in Florida and its a constant struggle. Does anyone know if this citation is legitimate? How can I contest this ticket? Do I need to contact the state? A lawyer? Request a trial or jury? My other alternative is to pay the $116 fine and remove my tint which will make my life hell. I already look like I'm sunburned 24/7 and I don't want to live my life with painful blisters on my face. I would appreciate any helpful information any of you may have for me.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,048

    Default Re: Ticketed for Illegal Tint Even with Medical Exemption Certificate

    The cop was wrong. Your medical exemption will cover the entire windshield. 316.29545 says "windshield" not just the top.
    I'd take your medical exemption to court. Contact the court for the county of the infraction, call them and request a court date.
    This shouldn't take a lawyer.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ticketed for Illegal Tint Even with Medical Exemption Certificate

    Here's the statute.
    Quote Quoting Florida Statutes, Sec. 316.29545. Window sunscreening exclusions; medical exemption; certain law enforcement vehicles and private investigative service vehicles exempt.
    (1) The department shall issue medical exemption certificates to persons who are afflicted with Lupus, any autoimmune disease, or other medical conditions which require a limited exposure to light, which certificates shall entitle the person to whom the certificate is issued to have sunscreening material on the windshield, side windows, and windows behind the driver which is in violation of the requirements of ss. 316.2951-316.2957. The department shall consult with the Medical Advisory Board established in s. 322.125 for guidance with respect to the autoimmune diseases and other medical conditions which shall be included on the form of the medical certificate authorized by this section. At a minimum, the medical exemption certificate shall include a vehicle description with the make, model, year, vehicle identification number, medical exemption decal number issued for the vehicle, and the name of the person or persons who are the registered owners of the vehicle. A medical exemption certificate shall be nontransferable and shall become null and void upon the sale or transfer of the vehicle identified on the certificate.

    (2) The department shall exempt all law enforcement vehicles used in undercover or canine operations from the window sunscreening requirements of ss. 316.2951-316.2957.

    (3) The department shall exempt from the window sunscreening restrictions of ss. 316.2953, 316.2954, and 316.2956 vehicles that are owned or leased by private investigators or private investigative agencies licensed under chapter 493.

    (4) The department may charge a fee in an amount sufficient to defray the expenses of issuing a medical exemption certificate as described in subsection (1).

    (5) The department is authorized to promulgate rules for the implementation of this section.

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