Q: Can I fight a window tint ticket if no measurement is listed on the citation?
I was cited for windows having tint less than 50% light transmission, but the citation does not list a measurement of the light transmission of my window tint, or any information about the meter used (calibration date, model, serial #). Would it be likely to have this citation dropped for not having such information if contested in court?
A: It would not need to be listed on the citation, but at trial the burden of producing evidence to support the charge would be on the prosecuting attorney. The defense could ask the judge to exclude evidence that lacks a valid foundation -- such as a police officer's testimony about comparing the tint to a reference. The defense would have the option at trial of presenting its own evidence (that the tint was not too dark, in fact).
A: That is not information that would typically be listed in the citation. That is information that would be in a police report separate from the citation. Ultimately the obligation is that the State prove the violation beyond a reasonable doubt at trial.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
