Who has the burden of proof? [Archive] - RS6.com

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ntrcptr

January 24th, 2012, 02:39

I live here in Chicago where the City is "legally authorized " to steal money from its citizens thru its street and traffic regulations (e.g. cameras at every intersections, speeding cameras, illogical parking laws just to name a few.). Oh!, I'm snagged by the "window-tint" violation? It happens that I bought my car with it. It originally came from Arizona--guess the guy needed it. I don't really know what % of tint it is? So with that i mind? How could the officer/meter-maid that wrote the ticket "guestimate" if I was in violation? And who has the burden of proof? Are the laws the same throughout the country? I really like the way it look, and I prefer to keep them? Is it worth the fight?:rs6kiss::vhmmm::idea:

FacePalm

January 24th, 2012, 03:34

How do you know it was a guestimate? In WA State, some officers carry meters to measure the amount of tint. So I guess it depends on how your windows were deemed to be in violation. The burden of proof would have to be on the person writing the ticket. An officer cant go around issuing tickets just because they think a tint is in violation. Might be worth fighting if you can find out how it was measured. I'm having trouble finding the law or statue for Illinois...

http://www.tintcenter.com/laws/IL/

Dont know how reputable this site is, but seems to have the same % for WA State: 35%

4everRS

January 24th, 2012, 04:41

I thought those meters had to wrap around the edge of a part rolled down window?

JSRS6

January 24th, 2012, 04:54

They do.

FacePalm

January 24th, 2012, 05:25

I've never heard of a tint ticket being issued while parked anyway. More of a violation used to pull cars over. OP- was anything written on the ticket indicating how it was measured?

ben916

January 24th, 2012, 05:36

I've never heard of a tint ticket being issued while parked anyway. More of a violation used to pull cars over. OP- was anything written on the ticket indicating how it was measured?

My father drove my car down to Tacoma for Law School while I was hunting anti-ship mines in the late 1980's. He parked on the street and got a ticket for no front license plate, on MY car...

QuattroRS

January 24th, 2012, 05:55

Chicago. I guess that pretty well sums it up.

You better just pull off the tint and be done with it.

I live here in Chicago where the City is "legally authorized " to steal money from its citizens thru its street and traffic regulations (e.g. cameras at every intersections, speeding cameras, illogical parking laws just to name a few.). Oh!, I'm snagged by the "window-tint" violation? It happens that I bought my car with it. It originally came from Arizona--guess the guy needed it. I don't really know what % of tint it is? So with that i mind? How could the officer/meter-maid that wrote the ticket "guestimate" if I was in violation? And who has the burden of proof? Are the laws the same throughout the country? I really like the way it look, and I prefer to keep them? Is it worth the fight?:rs6kiss::vhmmm::idea:

ntrcptr

January 24th, 2012, 09:20

[QUOTE was anything written on the ticket indicating how it was measured?[/QUOTE]

None...NAda ... Zeltch!!! Zero explanation....

ntrcptr

January 24th, 2012, 10:59

Chicago. I guess that pretty well sums it up.

You better just pull off the tint and be done with it.

Read this. http://www.nbcchicago.com/<WBR>news/local/chicago-home-rule-<WBR>tint-tickets-92929004.html (http://www.nbcchicago.com/news/local/chicago-home-rule-tint-tickets-92929004.html)

Now, what would you do?

nistah

January 24th, 2012, 15:43

Read this. http://www.nbcchicago.com/<WBR>news/local/chicago-home-rule-<WBR>tint-tickets-92929004.html (http://www.nbcchicago.com/news/local/chicago-home-rule-tint-tickets-92929004.html)

Now, what would you do?

I would contest the ticket it sounds like city "home rule" ordinance is at odds with state code. The adjudicator may find merit in this argument esp if you live elsewhere in Il outside <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:City w:st="on"><st1:place w:st="on">Chicago</st1:place></st1:City> so you may be able to prevail on this.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>

Here where I live my ophthalmologist was kind enough to sign a tinted window wavier request form, so now I do not get any tickets for my blacked out tint...when I go to the dmv for inspection the tech is always quick to point out that tint is illegal & I am equally quick to go in the dash and flash the tinted tinted window wavier request form. If it's a medical necessity it trumps law/code at least where I live...you may want to visit your eye Dr. for a medical out :dig:<o:p></o:p>

905084

January 24th, 2012, 21:52

I guess it depends on how much free time and money you have and what it's worth to you. I pulled the tint on my RS with a razor blade the guy gave me when I had it inspected. The fight just wasn't worth it to me, but then I'm old :) Then again, if I feel I'm right, that's a whole 'nother story. Show up in court and see if the officer shows...bet he/she doesn't and you are good to go....till the next time.

ntrcptr

January 24th, 2012, 22:33

I would contest the ticket it sounds like city "home rule" ordinance is at odds with state code. The adjudicator may find merit in this argument esp if you live elsewhere in Il outside <st1:city w:st="on"><st1:place w:st="on">Chicago</st1lace></st1:city> so you may be able to prevail on this.<o:p></o>

Here where I live my ophthalmologist was kind enough to sign a tinted window wavier request form, so now I do not get any tickets for my blacked out tint...when I go to the dmv for inspection the tech is always quick to point out that tint is illegal & I am equally quick to go in the dash and flash the tinted tinted window wavier request form. If it's a medical necessity it trumps law/code at least where I live...you may want to visit your eye Dr. for a medical out :dig:<o:p></o>

ahhh.... loopholes... love 'em:lovl:

FacePalm

January 24th, 2012, 23:27

Id be almost positive the officer wouldn't show up to contest a tint ticket.

na1mt

January 25th, 2012, 00:14

Id be almost positive the officer wouldn't show up to contest a tint ticket.

Why are you so sure of that......they schedule court appearances on their days off, so they can get overtime. You can either go to the doctor and get the script or pay up every time they see you.

FacePalm

January 25th, 2012, 00:22

"They" being every cop in Chicago? You're assuming a cop is going to write that ticket every time it's witnessed. Has the OP even said how much the ticket is? I dont think I've ever seen one contested anyway, as they are usually under 50 bucks here... If it's anything like here, officers dont get a say in their court times. They are usually assigned when a court room become available.

FacePalm

January 25th, 2012, 00:24

In fact, I bet the officer wouldn't even know it was being contested. It wouldn't be worth the overtime pay to have him/her show up.

4everRS

January 25th, 2012, 02:04

Remember that these cops write dozens of ticket a week and have more than you to show up for. Still, I think its easy to contest as there is no way he could have measured your window. Guessing shouldn't go over well with a judge.

Aronis

January 25th, 2012, 21:27

papadoc

January 25th, 2012, 23:29

In many states that writing officer no longer has to show up in court. That is how it is in NY state.

As far as why? They Need the Money! A tinted car is an easy mark. Wait until they start measure you cars Carbon Dioxide output and charge you for that.

Mike

you bet they need the money...from WSJ a few days ago...

"Run up spending and debt, raise taxes in the naming of balancing the budget, but then watch as deficits rise and your credit-rating falls anyway. That's been the sad pattern in Europe, and now it's hitting that mecca of tax-and-spend government known as Illinois.

Though too few noticed, this month Moody's downgraded Illinois state debt to A2 from A1, the lowest among the 50 states. That's worse even than California. The state's cost of borrowing for $800 million of new 10-year general obligation bonds rose to 3.1%—which is 110 basis points higher than the 2% on top-rated 10-year bonds of more financially secure states.

This wasn't supposed to happen. Only a year ago, Governor Pat Quinn and his fellow Democrats raised individual income taxes by 67% and the corporate tax rate by 46%. They did it to raise $7 billion in revenue, as the Governor put it, to "get Illinois back on fiscal sound footing" and improve the state's credit rating.

So much for that. In its downgrade statement, Moody's panned Illinois lawmakers for "a legislative session in which the state took no steps to implement lasting solutions to its severe pension underfunding or to its chronic bill payment delays." An analysis by Bloomberg finds that the assets in the pension fund will only cover "45% of projected liabilities, the least of any state." And—no surprise—in part because the tax increases have caused companies to leave Illinois, the state budget office confesses that as of this month the state still has $6.8 billion in unpaid bills and unaddressed obligations."

Having grown up in the Windy City, I learned you don't fight city hall. I'd just get rid of the tint and fuggedaboudit...

QuattroRS

January 26th, 2012, 04:07

Ahhhh,

Don't drivers ed teachers in IL make upwards of 200k/yr?

Nothing to see here folks.

BHO to the rescue.

skribe

January 26th, 2012, 15:41

What horseshit. I would take it off and put it right back on or get the waiver from a friendly eye doc.
I never park on the street in the CHI if at all possible... Last time I did somebody stole my Milltek exhaust tips.

mmaturo

January 26th, 2012, 23:14

May want to post on the Chicagoland forum of Quattroworld...or do a search there. This has been discussed to death. Fight it...the city and state law do conflict. And yup if your car has ANYTHING not perfect or up to compliance when parked on the street they will ticket you and its often not cops but the meter-maids that are an outside vendor. The burden of proof is on you. Best thing they did though was have them start taking pictures of parking issues with the tickets...won two of them as their own pics worked to my defense.

ttboost

January 27th, 2012, 21:17

Up here that is a "fix it' ticket...I think if you take it off, go to DMV for an inspection, go to court with the DMV approval and your done. I would go fight it...worst that could happen is you have to take it off, which you were gonna do anyway? Up to you whether it's worth the aggravation. I haven't tinted my RS6 yet, but want to, but in no hurry for this very reason...good luck...