Pulled over for seat belt violation but also ticketed for tinted windows while driving on freeway. Can the tinted windows be used as a defense that raises reasonable doubt that officer did not had a clear view of seat belts?
Sure, and a creative argument as well. I bet nobody's ever thought of that before. Buckle up on your way to court and drive safe.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
If it was window was blacked out, you have a good argument. Take plenty of pictures of the car before you remove the tint. Perhaps, sit in the car and have a friend that will appear at court with you take pictures of you with and without the seat belt on.
This is general information and not legal advice. This communication does not create a lawyer-client relationship.
The best defenses revolve around mistakes. Take pictures of exactly what the officer must have seen from the same distance, in the same place at the same time of day. What mistake was made by the officer?
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
The best defenses are that you were wearing your seat belt and your windows are not tinted. Hire an attorney to fight this.
Yes the tinted windows can definitely be used as a defense. That the officer made a mistake is also a good defense, but then you will have to explain how you think the mistake was made and that probably means telling the Judge that you were wearing your seat belt.
Since you were ticketed for tint, the tinted windows serve as the necessary reasonable suspicion to pull you over. The officer did not need to have evidence of both violations prior to the stop to justify issuing a citation for two charges. If your tint is legal, and passes a sheriff's inspection without modification, then maybe you have an argument. If the tint was too dark, you probably got a fix it ticket and can get that charge dismissed for a $25 dismissal fee if you get the tint taken off.
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