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Thread: Who has the burden of proof?

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    Question Who has the burden of proof?

    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?

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    Registered User FacePalm's Avatar
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    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%
    Last edited by FacePalm; January 24th, 2012 at 03:35. Reason: spelling

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    Registered User 4everRS's Avatar
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    I thought those meters had to wrap around the edge of a part rolled down window?
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    They do.
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    Registered User FacePalm's Avatar
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    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?

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    Registered User ben916's Avatar
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    Quote Originally Posted by FacePalm View Post
    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...
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    Exclamation

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

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

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    Chicago. I guess that pretty well sums it up.

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

    Quote Originally Posted by ntrcptr View Post
    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?

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    Quote Originally Posted by QuattroRS View Post
    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/news/local/chicago-home-rule-tint-tickets-92929004.html

    Now, what would you do?

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    Registered User nistah's Avatar
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    Quote Originally Posted by ntrcptr View Post
    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 lace w:st="on">Chicagolace> so you may be able to prevail on this.>>

    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 >>
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    Quote Originally Posted by nistah View Post
    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 lace w:st="on">Chicago so you may be able to prevail on this.>

    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 >
    ahhh.... loopholes... love 'em

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    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.
    Last edited by 905084; January 24th, 2012 at 21:57. Reason: Additions

  13. #13
    Registered User FacePalm's Avatar
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    Id be almost positive the officer wouldn't show up to contest a tint ticket.

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    Quote Originally Posted by FacePalm View Post
    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.
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  15. #15
    Registered User FacePalm's Avatar
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    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.

  16. #16
    Registered User FacePalm's Avatar
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    "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.

  17. #17
    Registered User 4everRS's Avatar
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    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.
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  18. #18
    Registered User Aronis's Avatar
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    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

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