Tint out of state licensing question
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Tint out of state licensing question
So if I'm in NY and I have 20% tint, but I have GA tags and licenses, can NY cops stop me and give me a ticket, especially if I say "I'm just up here visiting".
#2
Originally Posted by MatterofTime
So if I'm in NY and I have 20% tint, but I have GA tags and licenses, can NY cops stop me and give me a ticket, especially if I say "I'm just up here visiting".
I had friends who were pulled over in DC and were citied by DC for not having a County Sticker. Which until this year was required by all counties and cities. Fairfax County has done away with theirs.
#3
They probably can give you a ticket, but you would most likely be able to beat it. Actually, 20% is illegal in GA as well so you might not be able to beat it since you're breaking laws in both states by having 20% on your windows.
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i had always heard that officers cannot give tickets to out of state cars unless it is a moving violation. such as speeding. but tints can vary state to state so that is something harder to enforce as to were if its 35% in NY and none in CT i would have to change my tints everytime im in CT it would be ridiculous. my two cents.
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Originally Posted by azninvazion
i had always heard that officers cannot give tickets to out of state cars unless it is a moving violation. such as speeding.
#6
Keep Right Except to Pass
Originally Posted by azninvazion
i had always heard that officers cannot give tickets to out of state cars unless it is a moving violation. such as speeding.
But things like tint are not something they should be ticketing for if you have out-of-state plates and your tint is legal in your state (now, if your front window were absurdly opaque to the point where it would be illegal everywhere, then you deserve whatever ticket you get). Same reason why Virginia cannot prohibit possession of a radar detector—they can only prohibit the use of the device while you're in Virginia.
There are a few odd laws here and there, too—for example, in New York City it is illegal to drive if you are under age 16 even if you have a valid driver's license from somewhere else.
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have any of you guys actually received a ticket for not having a front license plate? it's the law in texas to have it in the front and the back but after i noticed that a good third of all cars on the road don't have a front one...i took mine off too.
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Originally Posted by 1995hoo
But things like tint are not something they should be ticketing for if you have out-of-state plates and your tint is legal in your state (now, if your front window were absurdly opaque to the point where it would be illegal everywhere, then you deserve whatever ticket you get). Same reason why Virginia cannot prohibit possession of a radar detector—they can only prohibit the use of the device while you're in Virginia.
Ok, so yeah i know 20% tint in GA is illegal too, but honestly in Atl, I havent really heard or seen too many ppl gettin pulled over for tint, which is where I'll be back at in 2yrs or less. But for now I'm up here in NY and I want 20%, not concerned about GA cops when I get back, but in the mean time, in Albany, NY, I just need to know if a cop would stop me, tell me 20% is illegal in GA, and still give me a ticket.
#9
Drifting
Originally Posted by 1995hoo
Obviously that's not entirely the case, because they obviously issue parking tickets to out-of-staters. I think it probably depends on where you are.
They can issue parking tickets, because you are violating local laws. That's why somebody from another country is still held accountable if they come here and rob a liquor store. These laws define what a violator is. Speeding for example talks about drivers on public steets, highways, etc. (A reason why photo-radar is questionable, because the ticket is issued to registered owner, even thow the law defines a violator as the driver, not registered owner)
However, it is illegal for states to enforce laws from another jurisdiction. That is why when you buy something from a store in Oregon, they cannot charge you sales tax based on the rate from where you live. That violates federal laws.
With regards to tint, I know Oregon for example. It specifically says it only concerns vehicles that are registered in Oregon. (I live in WA, so I know all about this, since WA has looser regulations than OR in terms of tinting).
Now, if you get pulled over in Oregon with Washington plates, then they cannot issue you a ticket for tints, regardless what the tinting laws in Washinton say. They can't because the oregon law explicitly excludes vehicles not registered in oregon. For them to issue you a ticket anyways, would be enforcing another state's laws, which is illegal. It would be no different than if they tried to issue you a citation because your vacation home in florida doesn't meet florida hurricane building codes.
#10
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"It is illegal for states to enforce laws from another jurisdiction."
Citation, please?
But anyway, I think there are two different issues being discussed here:
(A) Your issue is whether New York can give you a ticket for violating Georgia law. It's a rather far-fetched proposition, although I know someone who got a ticket in DC for putting the "month" and "year" stickers on his Virginia license plate incorrectly. If your argument held, then the ticket should have been invalid, right?
(B) However, the other issue is, if the tint is illegal in both jurisdictions, then of course they can ticket. The question is what happens if the state law simply says that no vehicle shall have greater than x% tint and then you drive a car into that state with greater than that level of tint. Can they ticket you for violating their law if their law doesn't have the exception you describe in Oregon's law?
As a practical matter you may well be able to argue that such a ticket is in violation of the Interstate Commerce Clause, or even of the Dormant Commerce Clause, but your average local yokel judge wouldn't understand the issue and it's not worth the time and money to fight it on appeal.
Citation, please?
But anyway, I think there are two different issues being discussed here:
(A) Your issue is whether New York can give you a ticket for violating Georgia law. It's a rather far-fetched proposition, although I know someone who got a ticket in DC for putting the "month" and "year" stickers on his Virginia license plate incorrectly. If your argument held, then the ticket should have been invalid, right?
(B) However, the other issue is, if the tint is illegal in both jurisdictions, then of course they can ticket. The question is what happens if the state law simply says that no vehicle shall have greater than x% tint and then you drive a car into that state with greater than that level of tint. Can they ticket you for violating their law if their law doesn't have the exception you describe in Oregon's law?
As a practical matter you may well be able to argue that such a ticket is in violation of the Interstate Commerce Clause, or even of the Dormant Commerce Clause, but your average local yokel judge wouldn't understand the issue and it's not worth the time and money to fight it on appeal.
#11
Drifting
Originally Posted by 1995hoo
"It is illegal for states to enforce laws from another jurisdiction."
Citation, please?
Citation, please?
Originally Posted by 1995hoo
(A) Your issue is whether New York can give you a ticket for violating Georgia law. It's a rather far-fetched proposition, although I know someone who got a ticket in DC for putting the "month" and "year" stickers on his Virginia license plate incorrectly. If your argument held, then the ticket should have been invalid, right?
Originally Posted by 1995hoo
(B) However, the other issue is, if the tint is illegal in both jurisdictions, then of course they can ticket. The question is what happens if the state law simply says that no vehicle shall have greater than x% tint and then you drive a car into that state with greater than that level of tint. Can they ticket you for violating their law if their law doesn't have the exception you describe in Oregon's law?
Granted there are probably always exceptions, because I'm still ticked about Oregon levying state taxes on Washinton residents, but at the same time, denying them services that are paid for with state taxes.
Originally Posted by 1995hoo
As a practical matter you may well be able to argue that such a ticket is in violation of the Interstate Commerce Clause, or even of the Dormant Commerce Clause, but your average local yokel judge wouldn't understand the issue and it's not worth the time and money to fight it on appeal.
#12
Keep Right Except to Pass
Originally Posted by avs007
Unless the law is specifically worded such that it only talks about the month/year, and not anything else, which seems reasonable. Otherwise how would they deal with people that don't bother putting the stickers on at all....
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