My question involves a traffic ticket from the state of: Virginia
So I got a ticket by a state trooper in June for "Illegal Sun-Shading Material" because my windshield is tinted; Virginia code 46.2-1052. The state trooper never measured my front glass with a 2-piece tint meter. A 2-piece meter is used to measure light transmittance by attaching one part on the inside glass by suction cup and the other part on the outside glass.
I have a sunshade waiver from Virginia DMV and "sunshading" is listed on my registration for my car as being authorized to have sunshading lower than what 46.2-1052 allows and it also allows you to tint the windshield to 70%. Sunshade waiver applies to Virginia code 46.2-1053. All of my windows are within legal range under 46.2-1053
- Virginia DMV website which lists sunshading: https://www.dmv.virginia.gov/drivers...sunshading.asp
***Note that the DMV website says I can tint my windshield under "Total Percentage of Light Allowed With Medical Authorization"***
- Virginia DMV form used to apply for a waiver: https://www.dmv.virginia.gov/webdoc/pdf/med20.pdf
- Virginia code 46.2-1052: https://law.lis.virginia.gov/vacode/...tion46.2-1052/
- Virginia code 46.2-1053: https://law.lis.virginia.gov/vacode/...tion46.2-1053/
I had court this past Friday and pleaded not guilty. During court, I told the judge that I have a sunshade waiver and provided my registration which indicates "sunshading". The state trooper admitted he did not measure my front windshield and that he did not have a 2-piece meter. The trooper's claim was that I could not tint my entire windshield past the AS-1 line (from roof edge to AS-1 Line) and that I could not tint more than 70% of my windshield...... The judge looked confused and sounded like he was confused.
Nevertheless, my case was dismissed but I was told to pay court costs. Right after court, I spoke with the trooper for further clarification. Even though I have a sunshade waiver, he insists I cannot tint my windshield.... Maybe he is more familiar with 46.2-1052 than he is with 46.2-1053. I don't know....
Court costs are $62. I honestly do not think I should pay anything. From a past experience when I had a traffic case dismissed and ended up paying court costs, the citation still hit my driving record and no demerit points were given. The problem I had was with my car insurance because since it was listed on my driving record my insurance premium increased.
So, I don't want the same thing to happen again where this case got dismissed but I still pay court costs. I would rather dismiss it altogether since in fact I have done nothing wrong and am heavily considering an appeal as this whole thing is nonsense because the trooper is not familiar with sunshade waivers and 46.2-1053
According to the courts website regarding appeals under "CRIMINAL & TRAFFIC APPEALS"; I have 10 days to file an appeal. It sounds like once I file an appeal it goes to circuit court and I have the option to request a jury at a cost of $390. I honestly do not think I need a jury because all of my ducks are in a row.
- https://www.fairfaxcounty.gov/generaldistrict/appeals
Am I crazy for thinking to appeal court costs? Any advice? If there was a way to get this thrown out instead of going through with an appeal I would do it but I don't think there is way
During court, I thought by providing my registration which indicated "sunshading" would have been enough but since the trooper seems to be unfamiliar with waivers and 46.2-1053 I probably should have supplied the court a print out of the code, a print out of what the DMV website says, and a print out of the waiver application form.
Thanks.
So I got a ticket by a state trooper in June for "Illegal Sun-Shading Material" because my windshield is tinted; Virginia code 46.2-1052. The state trooper never measured my front glass with a 2-piece tint meter. A 2-piece meter is used to measure light transmittance by attaching one part on the inside glass by suction cup and the other part on the outside glass.
I have a sunshade waiver from Virginia DMV and "sunshading" is listed on my registration for my car as being authorized to have sunshading lower than what 46.2-1052 allows and it also allows you to tint the windshield to 70%. Sunshade waiver applies to Virginia code 46.2-1053. All of my windows are within legal range under 46.2-1053
- Virginia DMV website which lists sunshading: https://www.dmv.virginia.gov/drivers...sunshading.asp
***Note that the DMV website says I can tint my windshield under "Total Percentage of Light Allowed With Medical Authorization"***
- Virginia DMV form used to apply for a waiver: https://www.dmv.virginia.gov/webdoc/pdf/med20.pdf
- Virginia code 46.2-1052: https://law.lis.virginia.gov/vacode/...tion46.2-1052/
- Virginia code 46.2-1053: https://law.lis.virginia.gov/vacode/...tion46.2-1053/
I had court this past Friday and pleaded not guilty. During court, I told the judge that I have a sunshade waiver and provided my registration which indicates "sunshading". The state trooper admitted he did not measure my front windshield and that he did not have a 2-piece meter. The trooper's claim was that I could not tint my entire windshield past the AS-1 line (from roof edge to AS-1 Line) and that I could not tint more than 70% of my windshield...... The judge looked confused and sounded like he was confused.
Nevertheless, my case was dismissed but I was told to pay court costs. Right after court, I spoke with the trooper for further clarification. Even though I have a sunshade waiver, he insists I cannot tint my windshield.... Maybe he is more familiar with 46.2-1052 than he is with 46.2-1053. I don't know....
Court costs are $62. I honestly do not think I should pay anything. From a past experience when I had a traffic case dismissed and ended up paying court costs, the citation still hit my driving record and no demerit points were given. The problem I had was with my car insurance because since it was listed on my driving record my insurance premium increased.
So, I don't want the same thing to happen again where this case got dismissed but I still pay court costs. I would rather dismiss it altogether since in fact I have done nothing wrong and am heavily considering an appeal as this whole thing is nonsense because the trooper is not familiar with sunshade waivers and 46.2-1053
According to the courts website regarding appeals under "CRIMINAL & TRAFFIC APPEALS"; I have 10 days to file an appeal. It sounds like once I file an appeal it goes to circuit court and I have the option to request a jury at a cost of $390. I honestly do not think I need a jury because all of my ducks are in a row.
- https://www.fairfaxcounty.gov/generaldistrict/appeals
Am I crazy for thinking to appeal court costs? Any advice? If there was a way to get this thrown out instead of going through with an appeal I would do it but I don't think there is way
During court, I thought by providing my registration which indicated "sunshading" would have been enough but since the trooper seems to be unfamiliar with waivers and 46.2-1053 I probably should have supplied the court a print out of the code, a print out of what the DMV website says, and a print out of the waiver application form.
Thanks.
Other Violations: Sun-Shading/Window Tint = Case Dismissed but Must Pay Court Costs
Aucun commentaire:
Enregistrer un commentaire