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  1. #11
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    Sep 2010
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    Default Re: Sun-Shading/Window Tint = Case Dismissed but Must Pay Court Costs

    OK, it is clear now that the court thought you had admitted to illegal tinting (notwithstanding the waiver) and that you had removed it to comply. You don't get your costs back for that. You are right, there's nothing to appeal at this point.

    Troopers are allowed to be on the lookout for violators. This is called good police work. Make sure your reapplied tint is in compliance with the law.

    As for the troopers original statement, he was wrong about that. The law doesn't say you can't apply things above the AS-1 line, it says that stuff above the AS-1 line doens't have to meet the 70% rule.

  2. #12
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    Default Re: Sun-Shading/Window Tint = Case Dismissed but Must Pay Court Costs

    Although state laws vary, and a prosecutor's consent may be required under some state laws, in many jurisdictions it's not unusual for a driver to get a break on a ticket in the form of "dismissal on payment of costs". With such a deal, there would be nothing to appeal (because the ticket was dismissed) and no basis to revisit the matter with the traffic court unless you wanted to ask the court to reinstate the ticket and proceed with a hearing.

    If a court actually finds a driver to be innocent of a traffic offense, the court should not acquit but also require the payment of costs. And while it would not be technically possible to appeal the acquittal, it would be possible to seek relief from the assessment of costs, be it through a motion for reconsideration or by filing a motion for superintending control in a higher court (asking that the lower court be ordered to follow the law).

  3. #13
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    Default Re: Sun-Shading/Window Tint = Case Dismissed but Must Pay Court Costs

    Again, the notation in the record falls under the rule for "DISMISSAL FOR COMPLIANCE WITH LAW PRIOR TO TRIAL." Given the subsequent admission that the told the court that he removed the tint, that's the expected outcome. The case is dismissed contingent on paying the costs. Once he paid the fee, and got the dismissal, there's no appealing. General district courts are not courts of record. All appeals are heard de novo.

  4. #14
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    Oct 2016
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    Default Re: Sun-Shading/Window Tint = Case Dismissed but Must Pay Court Costs

    Quote Quoting haawkyle
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    What do you think about filing a complaint with the state police in regards to the trooper giving me a ticket without even measuring my windshield? Is that legal for him to do? I would think not........
    It's perfectly reasonable to not use a tintmeter. I'll bet the trooper wouldn't have a problem articulating how he knew your windshield tint wasn't legal.

  5. #15
    Join Date
    Jan 2006
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    38,728

    Default Re: Sun-Shading/Window Tint = Case Dismissed but Must Pay Court Costs

    Quote Quoting Highwayman
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    It's perfectly reasonable to not use a tintmeter. I'll bet the trooper wouldn't have a problem articulating how he knew your windshield tint wasn't legal.
    the problem is in some states at meter is required to measure the tint. Even when it isn’t, suggesting a cop can distinguish the difference between 68% transmission and 71% transmission is silly.

  6. #16
    Join Date
    Sep 2018
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    6

    Default Re: Can You Appeal an Order to Pay Court Costs on a Dismissed Ticket

    Exactly, if the law is to be enforced then I think a tint meter would be required. The trooper used a meter to measure my side windows and found I was within legal limit under the sun-shade waiver law 46.2-1053. So I would think he would be required to use a tint meter on my windshield as well to get an accurate measurement of what tint was on my windshield. I highly doubt a trooper is able to determine what a particular tint measures without using a meter. Whether its 71% to 67%. Under 46.2-1053 a tolerance level of minus 7 percentage points is allowed, I believe its also the same under 46.2-1052. I assume its taking into consideration any factory tint embedded in the glass

    Regardless I had legal tint throughout the whole process. Now that I have a new windshield (not related to tint as previously posted) I will be tinting it again at 70% later this month. If I am following legal limits for the sunshade waiver under virginia law and DMV guidelines there should be no problem. Their should never have been a problem to begin with. The trooper just inconvenienced my time and am still ticked off that he is able to give a ticket for something he never measured. From now on Iíll keep a copy of the waiver, a print out of what the DMV website says, and a a copy of 46.2-1053 in my car for the next trooper who decides to let his authority run wild.

    Without a measurement of my windshield I would think there really isnt anything to go by in court unless the trooper took a picture and my windshield was obviously darker than legal limit (which its not of course)


    Frustrating.



    Quote Quoting jk
    View Post
    the problem is in some states at meter is required to measure the tint. Even when it isnít, suggesting a cop can distinguish the difference between 68% transmission and 71% transmission is silly.
    Quote Quoting Highwayman
    View Post
    It's perfectly reasonable to not use a tintmeter. I'll bet the trooper wouldn't have a problem articulating how he knew your windshield tint wasn't legal.



    But I was legal throughout the whole thing. Its the fact that the trooper just assumed I was illegal when in fact I was legal to begin with. If he had measured my windshield he would have seen for his self. Why give a ticket on something you ďthinkĒ is illegal when in fact its not if he had done due diligence and measured it

  7. #17
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    Default Re: Can You Appeal an Order to Pay Court Costs on a Dismissed Ticket

    If you want to challenge a ticket, you ask for a hearing at which you should be prepared to document the actual tint level of your window. If you instead opt to remove the tint and seek dismissal of the ticket, that issue becomes moot.

  8. #18
    Join Date
    Sep 2018
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    6

    Default Re: Can You Appeal an Order to Pay Court Costs on a Dismissed Ticket

    The only other way it could have been challenged on the actual tint level is if I kept a receipt from the tint shop from almost 6 years ago indicating what tint percent I used. But I didnt think I needed to keep a receipt if I complied with the legal tint percentages to begin with.

    Another way would be if the trooper used a tint meter to measure my window, which he never did.

  9. #19
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    Default Re: Can You Appeal an Order to Pay Court Costs on a Dismissed Ticket

    Quote Quoting haawkyle
    View Post
    The only other way it could have been challenged on the actual tint level is if I kept a receipt from the tint shop from almost 6 years ago indicating what tint percent I used.
    You can present your own measurements.
    Quote Quoting haawkyle
    Another way would be if the trooper used a tint meter to measure my window, which he never did.
    If the state presented no evidence of the actual tint level of your window, then you would be in a position to ask the court to find that the state did not prove its case and to find in your favor without having to present any evidence of your own. While you seem to expect that the officer would have had no evidence had you gone to court, as a basic part of preparation you should obtain evidence of your own to counter the officer's claims because you may well find that the officer does offer testimony about the tint level. But this is all about next time, as the case is over and the issue is moot.

  10. #20
    Join Date
    Oct 2016
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    1,116

    Default Re: Sun-Shading/Window Tint = Case Dismissed but Must Pay Court Costs

    Quote Quoting jk
    View Post
    the problem is in some states at meter is required to measure the tint. Even when it isnít, suggesting a cop can distinguish the difference between 68% transmission and 71% transmission is silly.
    Yes, your example is not realistic.

    I've tested literally thousands of pieces of automotive glass. I can (and have) easily go into court and articulate how I know that a piece of glass is falls below the 70% VLT standard in my state - without the use of a tint meter.

    Factory glass will test at right around 75% visible light transmittance. ANY noticeable tint will put the glass way under the 70% mark.

    I have never seen glass with noticeable tint and had it test higher than 50% VLT.

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