Q: I was pulled over at a traffic stop, for suspect illegal tint. The tint was not illegal, i was arrested for RAWOV
Can i file a motion to supress the traffic stop, and get the RAWOV dismissed? Being that my tint is 35% VLT “the most common tint” also 8 shades lighter than “28 VLT illegal”. Does that make the traffic stop unlawful? Someone please help
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A:
If your window tint was within the legal limit, you may have grounds to challenge the validity of the traffic stop. An officer must have reasonable suspicion to pull you over, and if the reason was based on an incorrect belief that your tint was illegal, the stop might be unlawful. If the stop was unlawful, any evidence obtained as a result—including the arrest—could be challenged in court.
Filing a motion to suppress the stop could be a good strategy, as it would argue that the officer lacked a legitimate reason to initiate the stop in the first place. If successful, this could lead to the charge of resisting arrest without violence (RAWOV) being dismissed. However, courts often give officers some discretion in making traffic stops, so you may need strong evidence to show that your tint was clearly legal and that the officer had no reasonable basis to believe otherwise.
It would be helpful to gather proof of your tint’s legality, such as certification documents or expert testimony. If you can show that the stop was unjustified, your case becomes stronger. A legal professional can help you determine the best way to proceed and whether your circumstances meet the legal standard for suppression.
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