josephdoc

My beloved clubmates, hear my sad story.

My wife was driving on Paseo Padre Pky (Fremont, CA, or nice area) during her lunch hour with average granny’s speed yesterday, and a cop stopped her, walked around the car and told her the front window tints were not allowed. The cop said the tint was a “moving violation”, and could cost her violation points on DMV record.

Then the cop offered her two options:
1. Have the car towed and go to the court.
2. Remove the front tints at scene.

At that time, my wife told the cop about a “fixer ticket”, and the cop said there is no fixer ticket for any vehicle with front window tints. Next, she told the cop the car was purchased and received just like this from dealer. The cop replied back “I know the dealer owner and he wound not sell a job like this on new cars”. Without more words from my wife, she had no choice and agreed and to let the cop removed the tint on the side of the street.

Before she took off, the cop said “I need your promise that you will not tint it again”….
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Facts about the car’s appearance:
- My wife’s 350 has the mini-lex plate and no rear plate yet.
- The car blings and blinks a lot because I zaino it weekly.
- Tanabe pipe and decal over rear “LEXUS” emblem.
- The tint was done at dealer, the darkest kind next to limo level. We took the “Tint and Protection package, against police fixer ticket on free removing and replacing for lifetime.”
----

Do I have a case?
That is not right. Threaten with “moving violation” and “execution on the street” (removing the tint at the side of the street), those are b/s too me!

What do I think?
I think the cop saw the mini plate and was trying to give her a fixer ticket, and then found out there wasn’t any plate at all because the car is new, so started the crap to pick on the tint.

I am sure I will get the tint back for free, and I have spoke to my legal consultant and he wants me talk to the PD first. The Sgt. told the procedure was not right and he will mention this to the boys "no more peeling off on the side of the street"....

I don't want to say more in detail because it is getting sensitive. I spoke to the service consutant at dealer, dealer officer, and my salesman came in my office this morning also. They all think that was not necessary and the cops should not have done that.

What do you think and what will you do?

AznJason

iTrader: (5)

Dude, that's messed up. I heard cops near Fremont are a pain. My sister got a ticket for jay walking there. It was a good amount over $150.

I hope you have the cop's name. I would love for someone to stick it to a cop who's overstepping his powers.

CALI250

Sorry to hear about the incident. I just got my side windows tinted 20% and 55% on the front windshield and I even run the risk of getting a ticket...but by the looks of it...it's worth it! CA Law no longers considers tinted windows a "fix it" ticket anymore. It is now a "moving violation" with a point on your driving record.
Maybe we should all move to AZ!!

is350

what the??????? i never heard about cops removing tint at the scene.

carlos

iTrader: (1)

well, you had illegal tint. tint it to the legal limit and you shouldnt have any problems.

jlin101

What exactly is a fixer ticket? It might've been unnecessary for the cop to peel the tint right there, but it's indisputable that front window tint is illegal in CA( yea many people do it anyway)--and you had the dark tint to attract more attention. Cops can be A*holes sometimes, but you broke the law first (I had to remove the tint from my Acura when I lived in LA 15 years ago).

umpalumpa

i dont know where the heck the officer got the idea that he could pull the tint off himself! i've never heard of that. they shouldnt do it because if they screw up something on the car, they can be held liable. how stupid to take a risk like that. thats why they HAVE the fix-a-ticket. if they were really serious, they would impose a small fine to discourage tinting the front. there are so many of us ignoring this "law", they might even be able to hire some more officers with the fees! (just dont touch my car!)

I've also never heard that it was a moving violation in this state (CA) and they got rid of the fix-a-ticket. can someone verify that?

gsrthomas

iTrader: (1)

I know. Removing the tint at the scene?? Thats crazy and funny at the same time. We arent living in Russia!!

CK6Speed

iTrader: (1)

Correct me if I'm wrong but doesn't the California law not allow tint on the front windows? If so, I don't think there is much you can do since technically your tint was illegal. In Hawaii, we can have 35% on all windows (Except entire front windshield), but if your tint is darker than 35% (Some cops carry tint light meters to check) they can ticket you, as well as many times have made the drivers peel the tint off at the scene. The cops themselves don't touch your car but make you peel the tint off yourself while they wait and watch. We have no "Fix it" tickets either so you either peel the tint off and the cop lets you go, you get a ticket, or you get a ticket and you peel the tink off right there. For us, it is not a moving violation but an equipement violation. You wont get points on your license, but it will cost you a lot of money in fines.

My question is why would a California dealer knowingly put illegal front tint on the car and not expect customers to have problems? Or I'm I wrong and front tint is legal in California now?

gsrthomas

iTrader: (1)

My previous car had one step lower then limo tint in the front. Drove it for 6 years. 3 tickets in the car (speeding). Not even ONE cop has mentioned anything about my windows or pulled me over regarding them.

I see own the car too.

vborder

Sorry to hear that....I know it sucks...Damn Cops! Over here in KY they have tint laws, but
they don't really enforce it I had two cars tinted up illegal and cops just seem not to car, plus both cars are modded

Eternity3G

IMO,
1) Cop was a ****head....
2) MOVING Violation??? Bullsiht!!!
3) Points on your record??? Even More Bullsiht!!!
4) Tow the car!!! (is that even legal!)
5) Remove tint on spot??? (what if he F's up the window?)

Improper procedure.. I don't know about going as far as a Lawsuit, but man.... I'd want some sort of retribution... At least an apology. You know he probably has tint on his own car!

PS... I know many Law enforcement officials in CA and 99% have tint! Even some have front windshield tint!

TheNewGuy

how big was the tint on the front because you are only aloud 4" down from the top

t.is350.h

iTrader: (3)

I don't know what to say man...This is just crazy....Did the cop damage your window?

unit74

iTrader: (3)

Tint on windows is an equipment violation. In order to have the car towed on scene, the officer would have had to been able to articulate that any further opperation of that vehicle would have been dangerous, and unsafe.

Your wife will have a validated complaint against the officer. Although his actions are not criminal, it will most certainly go against the grain of the departments policies. Press the issue with police agency and insist on being informed of the resolution with this officer.

Using the color of authority to intimidate citizens with threats of unlawfull actions on his part, i.e., towing your car, should at minimum make that department take a look more closely at this guys previous actions. And more importantly, make him think twice about feeding a citizen bogus information in order to force a decision upon them with no escape but to comply.


I would have told the guy go for it.... Tow my car. Then I would have contacted my attorney and in the end, owned a little piece of that department. Reason being, you cannot be arrested, which is what the encounter would have been in that case, for an infraction of the Ca VC. If you refuse to sign the ticket, you can be transported to the traffic court for immediate adjudication of the offense. But, if all your information was available, license, insurance, etc. , then there would be no just cause, or probable cause to deprive the motorist of the right to drive away and address the citation at the time of the court appearance.

Now, I'm no "expert" in this stuff, but I can say that I have been involved in the justice system for the past 8 years, and this is my opinion based on the info you provided.