Q: I illegally got pulled over
In michigan for tinted windows in the front then he gave me a no insurance ticket can i get both dismissed
A:
It is nearly impossible to "prove" that you were pulled over illegally. Don't waste your time. You will irritate the court and harm your case. All police need is "reasonable suspicion" that a traffic offense could be occurring to pull you over for a brief investigation.
Regarding your tinted windows. Michigan law prohibits tinted windows in the front windshield or side windows. There are two exceptions: a tinted film is allowed along the top edge of the windshield and the side windows as long as it does not extend more than 4 inches from the top of the windshield, nor lower than the shade band, whichever is closer to the top of the windshield, and if lower than that, you are ok so long as the tint is not more than 35% or more in the visible light range. If your tint covers the full window, then you would have to prove that the tint was not more than 35%. You will have to figure out how to prove that.
Regarding insurance. If you did not have a valid and active policy, you lose. If you had a value policy at the time of the ticket, but didn't have the certificate with you, set the matter for a Formal Hearing. Then, BEFORE the appearance date listed on the citation, contact the Court, and submit (in-person or mail, or fax, if permitted) a copy of the proof of insurance to the court. If you do that, the law states that the court shall not assess a fine or costs, nor forward the ticket to the secretary of state, but the court may assess a fee of not more than $25.00, which shall be paid to the court funding unit.
As always, I recommend that you hire an attorney to represent you.
Tim Akpinar and Brent T. Geers agree with this answer
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.
