Monday, February 18, 2013

Question for anyone familiar with Virginia traffic laws...fairly long ...

Old Yesterday, 02:25 PM
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My GF's son-who is going to school in PA-borrowed a room-mate's car to drive home and surprise his GF for Valentine's Day. The car he drove is a decked-out ricer...heavy tint on the windows, loud blatty muffler, NO2 system, and neon blue wheels. While traveling through VA, he was pulled over by a State Trooper-he was not speeding-and given three tickets. One ticket was for the level of tint-which was illegal in VA, but not Missouri where his roomie is from, one for the muffler-again, illegal in VA but not MO, and having a radar detector-which is illegal in VA. I can understand getting the ticket for the radar detector, but don't see the reason why he got tickets for the windows and muffler. Especially since he was just driving through the state and the car was not his, and that all these things are legal in MO where the car is from. Like I said earlier, he was not speeding, and was not operating the car in any fashion that would be considered reckless. One good thing is that the AH Trooper didn't notice the NO2 buttons, and if he had, he'd have gotten ticketed for that as well...again, that is legal in MO but not in VA.
My questions are as follows:
Was it legal for the Trooper to ticket him for the tint and muffler since those items are legal in the state where the car is registered?
Do these infractions carry any points violations, or do they only carry a fine?
Is it worth him taking a day off from school to come fight the tickets? The total fine for all three is $181.00-including a BS "processing fee" of $51.00.
If he does not pay the fines, is there any danger of him losing his license? I know both VA and SC(where he resides)are part of the Driver's License Compact and report traffic violations to one another. If the fines do not get paid, will a SC Trooper knock on his door one day or arrest him on a VA bench warrant if he were to get pulled over?
He's a starving student, and doesn't have that kind of money right now. It's a damn shame that he was made an example of...especially since it wasn't even his car. I know this kid, and you could not hope to meet a nicer and more respectful young man.
Note to self...stay the hell out of VA.

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Old Yesterday, 02:58 PM
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General terms:

a. He is the Captain of the 'ship'.

b. He can ask his friend to have the tint removed and show proof to the Court.

c. He may be able to do community service in lieu of a fine.

d. VA will not be interested in what MO does or does not do.

e. I don't hear any legal defense.

f. If he FTA's, VA may suspend his operating privelage and notify MO who will/may suspend his DL, which means he will have to get a clearance letter from VA and do whatever is required to be reinstated in MO.

g. Go the website AVVO and ask your legal question there, than you will have a bonafide answer.

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Old Yesterday, 03:02 PM

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Pat the tickets. Had a buddy in college in SC who forgot to pay a Florida ticket. Next time he tried to renew his license, it had been suspended! Paid the Florida ticket and got his license back but it was a hassle.

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Old Yesterday, 03:30 PM

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Old Yesterday, 04:09 PM

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Dark tint and loud pipes are illigal in most states. In Ma. they usually look the other way on the pipes IF you are not trying to make noise. The tint is pretty strictly enforced. Personally I find it a lot safer at an intersection when I can make eye contact and know the other guy is looking, even if I have the right of way.

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Old Yesterday, 04:14 PM
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Quote:

You need to obey the law everywhere you are regardless of what it is elsewhere. I suspect you will find that the tickets are valid regardless of MO law.

This is NOT the answer.

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Old Yesterday, 04:40 PM

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Quote:

This is NOT the answer.

Sure it is.

Some laws say "shall not operate on the highways of...", some say "shall not be registered in..."

Whether your tint or muffler is legal will depend on how the laws in the state you are in are written.

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Old Yesterday, 04:45 PM

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In Missouri tinting of the driver or passenger side windows is limited to no less than 35%, no additional tinting allowed on the windshield. Unless you have a medical permit for darker.
Virginia allows no less than 50%.
If the MO tint on that car is at the legal limit, how did the trooper determine it was too dark?

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Old Yesterday, 04:54 PM

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Quote:

In Missouri tinting of the driver or passenger side windows is limited to no less than 35%, no additional tinting allowed on the windshield. Unless you have a medical permit for darker.
Virginia allows no less than 50%.
If the MO tint on that car is at the legal limit, how did the trooper determine it was too dark?

Tint meter?
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Old Yesterday, 05:03 PM

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I suspect the window tint and exhaust were both non-factory items. I would not expect a driver to be ticketed for having factory-standard items installed on a car. Once somebody starts putting after-market stuff on a car, different story.

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Old Yesterday, 06:02 PM

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Well i can tell you for sure because i went through this a couple of years ago that the cop shouldn't have wrote him for the windows. I got myself a lawyer and it was addressed under the interstate commerce act. Needless to say i won. Sure it would have been cheaper to just pay the fines but i am not one to give in if i think i am right regardless of the cost.

Edit.
My windows probably were not as dark as i am thinking a kids car would be.

Unless it has changed
HOW DARK CAN WINDOW TINT BE IN VIRGINIA? Virginia Window Tint Law
Virginia Tint Law Enacted: 1999

Darkness of tint is measured by Visible Light Transmission percentage (VLT%). In Virginia, this percentage refers to percentage of visible light allowed in through the combination of film and the window.
? Windshield Non-reflective tint is allowed along the top of the windshield above the manufacturer's AS-1 line.
? Front Side Windows Must allow more than 50% of light in.
? Back Side Windows Must allow more than 35% of light in.
? Rear Window Must allow more than 35% of light in.

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Last edited by Thalasso; Yesterday at 06:37 PM.

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Source: http://www.thehulltruth.com/dockside-chat/486094-question-anyone-familiar-virginia-traffic-laws-fairly-long-read.html

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