| Author |
Message |
Kyle Madan (Kmadan)
New member
Username: Kmadan
Post Number: 18
Registered: 1-2002
| | Posted on Wednesday, March 12, 2003 - 7:31 pm: | |
Martin - I was cited under CA vehicle code 26708, which can be seen at: http://www.dmv.ca.gov/pubs/vctop/d12/vc26708.htm
Not sure if the 70% applies to clear tint or any tint. Any laywers have any input?
Mark - Just spoke to the watch commander. Apparently they do regularly have civilian ride alongs for children in jr high/high school (civics classes, etc) - and this was one of them! Unbelievable!
The watch commander basically said forget it, there is nothing you can do. The officer did not violate any written guideline/policy, so any formal complaint would be promptly rejected.
No clear taillights, just "clear" turn signals in the front. Looks like they were the Japanese ones, that had smaller amber lenses. Already got the US ones and swapped them in - apparently many 300z owners replace them, so it was easy to find a US set. I've had them on the car for 5+ yrs and never had a problem.
I will also correct the plates, I just don't want to take off the tint. I have had front windows tinted on this car and my previous car - only had one problem in almost 9 years. About 4 years ago CHP pulled me over for front tint and gave me a ticket. I paid a fine and that was it - no correction. Seems like you might not be able to do this anymore. |
Mark (Markg)
Member
Username: Markg
Post Number: 408
Registered: 2-2001
| | Posted on Wednesday, March 12, 2003 - 4:58 pm: | |
Kyle - sounds like the quality of Law Enforcement hires has dropped considerably since I was there (just look at San francisco's issues...);
Making a car stop with a juvenile civilian in your car is not so much a legal issue as much as policy and stupidity issue. If you had been an armed felon and gun fight or pursuit had evolved, its hard to imagine this officer would have kept his job. in fact, depending on age of child, this might be borderline endangerment - don't let this aspect of the case drop and don't let watch commander blow you off; go to KRON, KPIX or other local news agency and let them know what happened.
Fix-it tickets are not moving violations as much as 'prima facia / strict liability' laws, i.e. there is no real defense, the offense speaks for itself. You don't accidentaly or unintentionaly alter your lights, add tint etc although missing front plate can always be dismissed as 'having fallen off without my knowledge';
I don't believe any of your citations carry a fine, just get cite signed off and show it to the judge.
On your clear tail light lens, is the buld colored or do you have white light showing to the rear(moving violation)?
Even if you could pay fine without fixing it (which you can't because the car would still be in violation) you would just keep getting tickets until a serious LE agancy (like the CHP) just impounded it once and for all.
Your in kind of a no-win situation in 'fix-it' situations - fix it or loose it. DO pursue the complaints against the officer, and keep us abreast of the outcome |
Kyle Madan (Kmadan)
New member
Username: Kmadan
Post Number: 17
Registered: 1-2002
| | Posted on Wednesday, March 12, 2003 - 4:25 pm: | |
Thanks for the help so far guys.
Mark - answers/responses to some of your points
5. Was the truck an official government vehicle? What agency was he with?
Yes - marked w/o light bar. He was with the police dept of this city (Fremont, CA)
6. All citation forms have that 10 day court notice printed on them - look at boxes checked off in body of citation and back of citation for special instructions.
It gives me 30 days on the citation. Can I just go to the court and pay the fine w/o fixing? Have heard both yes and no in CA.
7. ABOVE all else, file a complaint with internal affairs of his agency. Sounds like a most unprofessional stop.
Waiting for the watch commander to call me back
8. From what I remember, NO tint may be applied to front windshield
Front windows are tinted on a 300z coupe, not windshield.
Also spoke with an attorney for free through my employer (Cisco) and she suggested I pursue the fact that his child was with him in the vehicle, as that is my best shot.
Anyone else, including laywers, have any tips? Now I really can't wait to go to law school next year! ;-) |
Mark (Markg)
Member
Username: Markg
Post Number: 407
Registered: 2-2001
| | Posted on Wednesday, March 12, 2003 - 10:12 am: | |
Ex-Calif cop here....
1. any peace officer can write you up any time anywhere, on or off duty (one of my partners wrote a guy for wreckless while on vacation in LA...400 miles away!). BUT offense better be woth the hassle involved.
2. Only stupid cops don't call their stops; I always did mine BEFORE the lights went on...
3. generally speaking a 'fix-it' ticket can be signed off by any peace officer any where IF problems are fixed. 'Fix-it' ticket means just that...it must be fixed. future violations result in impound of vehicle.
4. It is not legal in California to violate the law to enforce traffic laws, tailgating a vehicle would normally be not acceptable, just like pacing a vehicle at night with your headlight off would not ne legal.
5. Was the truck an official government vehicle? What agency was he with?
6. All citation forms have that 10 day court notice printed on them - look at boxes checked off in body of citation and back of citation for special instructions.
7. ABOVE all else, file a complaint with internal affairs of his agency. Sounds like a most unprofessional stop.
8. From what I remember, NO tint may be applied to front windshield
But also remember this, with tinted windows I - or any cop -can't see into the vehicle; at times this can result in a car stop the nature of which you really don't want to expierence!! |
Martin - Cavallino Motors (Miami348ts)
Advanced Member
Username: Miami348ts
Post Number: 3994
Registered: 5-2001
| | Posted on Wednesday, March 12, 2003 - 7:18 am: | |
Was the officer in the right jurisdiction???
that should be your first question.
If he was not go to the officers peoplce chief and complain. He can not write tickets in other jurisdictions. He can stop you and call the proper jurisdiction. He can also arrest you for a misdemeanor if warranted but he can not write a fine.
As for the tint, see your local rules. You can also go to the police dept and ask for a copy of such law that he is referring to. Especially if it was done by section XYZ.
Front plates and lights well, I guess you have to change that. CA is a ••••• when it comes to that with the front plate. |
Tim N (Timn88)
Advanced Member
Username: Timn88
Post Number: 2591
Registered: 6-2001
| | Posted on Tuesday, March 11, 2003 - 7:47 pm: | |
If you pay the fine it can stay on. Just go into the town clerk's office and give them a check and walk out. At least in NY thats how most peolpe take care of it. Cops are supposed thave a meter that reads the darkness of a tint, but its easy to tell that a 30 is illegal just by looking at it. |
Kyle Madan (Kmadan)
New member
Username: Kmadan
Post Number: 16
Registered: 1-2002
| | Posted on Tuesday, March 11, 2003 - 7:32 pm: | |
Chris - Each time you were cited did you remove/reapply the tint then?
Modman - I know you are in the tint biz in CA - any input?
I will follow up with the police department tomorrow in regards to whether the officer was on/off duty. The truck did have the side placards, but it did not seem like he was on duty, as he had a young (8 -10 yr old) child with him that appeared to be his son.
The officer did seem to have a chip on his shoulder - he was very rude and beligerent. I was working from home and decided to go to the gym at lunch time. As a result, I was in t shirt and shorts. While I may not have looked "professional" I certainly coducted myself as such, something that cannot be said for the officer. |
Chris K. (Ck1)
New member
Username: Ck1
Post Number: 7
Registered: 3-2002
| | Posted on Tuesday, March 11, 2003 - 6:40 pm: | |
I have been sited for tinted windows and no front plates at least 5 times each! Tim is right about how to take care of the tickets, but I don't believe you are able to just pay the tint fine and leave it on. The tint rules, as I understand them, are for factory tinted glass. What you have is probably an aftermarket film, which you are not allowed to have on the front windows in CA no matter what the %.
I also don't think that you can be stopped by an off duty officer in an unmarked car. If he doesn't have the light bar and the side placards, he is unmarked. However, That may only apply to moving offenses.
Good luck. Sounds like you had some bad luck or this cop was just out to get someone. |
Tim N (Timn88)
Advanced Member
Username: Timn88
Post Number: 2586
Registered: 6-2001
| | Posted on Tuesday, March 11, 2003 - 1:26 pm: | |
Of you fix them, then you wont have to appear in court, or you will only have to appear to present the signed form saying that you fixed the problems with your car. If you want to keep the tints, then pay the fine for that ticket. The other two tickets you can easily get rid of by putting the stock turn signal lenses on, and attaching the front plate with two sided tape. The two sided tape wont stay on if you are driving. When you get to the police station, just stick the front plate on and then remove it when you leave.
How much was the ticket for the tints? I cant imagine it is much more than $25. I'd leave the tints on if i were you and pay the fine for that ticket. |
Kyle Madan (Kmadan)
New member
Username: Kmadan
Post Number: 15
Registered: 1-2002
| | Posted on Tuesday, March 11, 2003 - 1:18 pm: | |
Don't have an F-car yet, but was on my way to the gym in my 300z yesterday and got pulled over.
I have a few questions and thought this forum would be the best place to start off with since there are some extemely knowledable folks that post.
First off, the stop was very unusual. The police car was actually a large Chevy truck and the officer was tailgating me for a short distance - just a few feet off my bumper, while I was driving the speed limit.
After he pulled me over, at no point did I see or hear the officer call in my plates or driver's license, or communicate over his radio at all. I felt rather uncomfortable as the officer was extremely aggresive and rude even though I was being cooperative and friendly.
Is the officer required to call in the stop?
He also seemed like me might have been off-duty, as he had his child with him in the car. Is he allowed to pull me over and ticket me when not being on duty?
The cop gave me a ticket for three "fixable" infractions
1) No front plates
2) Tint on front windows
3) Clear turn signal lights
I purchased the car this way and did not make any of these changes, but acknowledge that #1 and #3 are valid and can be easily corrected. #2 can also be corrected, but I would prefer not to. It is light tint on the front windows and I have never been bothered about it before.
According to the International Window Film Association (IWFA) website up to 70% tint is allowed on the front windows in CA (http://www.iwfa.com/iwfa/Law_Chart/State%20Law%20Chart.htm)
The vehicle code that I was cited under, 26708a, seems to indicate only "clear" tint is OK. (http://www.dmv.ca.gov/pubs/vctop/d12/vc26708.htm)
Am I correct in this interpetation? Should I contest this portion of the ticket?
The officer asked me to come to the police department to get signed off once these items were fixed, yet at the bottom of the ticket it says that I should appear at the court within a month. When I questioned him about this he got extremely confrontational, so I let it go.
Also, can I just go to the court and pay a fine, without making the corrections?
Sorry for the long post, I am just lost on this one. Thanks in advance for any help. |
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