GA tint laws invalid

[Guest nautiboi73]

State Supreme Court tosses car window tinting law

Problem is with residency of driver, justices rule

The Associated Press

Published on: 06/07/04

The Georgia Supreme Court has tossed out a state law making it illegal for motorists to have heavily tinted windows on their cars.

In an opinion released Monday, the court indicated its problem wasn't so much the idea behind the law but the way the law was applied.

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The statute affected cars which were registered in Georgia and which were driven by people who resided in the state. Nonresidents weren't affected by the law, which carried misdemeanor penalties.

The court said it saw no valid reason for the Legislature to draw a distinction between residents and nonresidents, and therefore ruled the law invalid.

"It being self-evident that nonresidents can be as dangerous to police officers as residents, we perceive no rational connection between the residence of the driver of a vehicle and the goal of improving law enforcement officer safety during traffic stops," the court held in a unanimous opinion.

A footnote in the ruling cited the laws of several other states whose window-tinting laws "apply to all persons without regard to residence."

The law made it illegal to apply material to car windows which reduced light transmission to less than 32 percent or which increased light reflectance to more than 20 percent. Tinting applied by a manufacturer prior to delivery was not affected.

The law was challenged by Jessica Ciak, who was stopped in Cobb County by an officer who suspected her windows were tinted beyond the limits of the law.

Her attorneys challenged the law's constitutionality before a trial judge but lost a motion to have it invalidated. The Supreme Court appeal followed.

Cobb County Solicitor General Barry Morgan, whose office prosecuted the case, said the decision exposes law enforcement officers to a potential hazard until the Legislature can meet again and decide whether the law can be fixed.

"A law enforcement officer who's making an approach to a car never knows what he's going to meet," said Morgan, adding that heavily tinted windows simply increase the risk.

[Guest metint]

State Supreme Court tosses car window tinting law

Problem is with residency of driver, justices rule

The Associated Press

Published on: 06/07/04

"A law enforcement officer who's making an approach to a car never knows what he's going to meet," said Morgan, adding that heavily tinted windows simply increase the risk.

Any officer approaching a vehicle with heavily tinted windows is in no more danger than one approaching a house with blinds or drapes... there are actions an officer can take (approaching from the front of the spot-lighted vehicle, insisting by PA system the occupants exit stopped vehicle, call in back up, etc,) rather than follow through on the stupidity involved in blindly approaching a dangerous situation.

As the retired head of Homocide from a major city in Florida once said to me, and is the same philosophy my 2 cops brothers carry, "Any police officer stupid enough to approach a vehicle that he cannot see into deserves the consequences such a moronic act".

[Guest thetintshop]

I agree with metint.

[Guest atypicaldave]

State Supreme Court tosses car window tinting law

Problem is with residency of driver, justices rule

The Associated Press

Published on: 06/07/04

"A law enforcement officer who's making an approach to a car never knows what he's going to meet," said Morgan, adding that heavily tinted windows simply increase the risk.

Any officer approaching a vehicle with heavily tinted windows is in no more danger than one approaching a house with blinds or drapes... there are actions an officer can take (approaching from the front of the spot-lighted vehicle, insisting by PA system the occupants exit stopped vehicle, call in back up, etc,) rather than follow through on the stupidity involved in blindly approaching a dangerous situation.

As the retired head of Homocide from a major city in Florida once said to me, and is the same philosophy my 2 cops brothers carry, "Any police officer stupid enough to approach a vehicle that he cannot see into deserves the consequences such a moronic act".

Let me see here?

[Guest Film Critic]

My question is, what is the tint limit in GA then???

...The law made it illegal to apply material to car windows which reduced light transmission to less than 32 percent or which increased light reflectance to more than 20 percent. Tinting applied by a manufacturer prior to delivery was not affected....

[Sisqouc]

Same good ole boy cops (public servants) who tell (lie) the people every day "we don't make the laws: we just enforce them".)

Gee last time I checked, both rank and file and the Chiefs/management (carreer politician cops) have paid lobbyists state & federal.

[Guest Key West]

I have ALWAYS been of the opinion that tint laws are by thier very nature unconstitutional. How does a law enforcement officer enjoy protection under the constitution that would in any way negate my constitutional right to privacy? This probably needs its own thread.

Just because a man wants to be a cop (excuse me... LEO ) does not give him or the gov't the right to tell me what I can put on my vehicle to protect it. I HATE cutting myself, but I tint glass, I use razorblades. Its an occupational hazzard. Dont want to get shot at? dont be a cop. Or at least have back up when you pull someone over.

Now what they DO have a right to legislate is if my film distorts, or bubbles so as to pose a hazzard to visibility. They then can issue a ticket to ensure replacement.

When a person spends money on the 2nd biggest investment, they have a right to protect that investment. They (we all) have a guaranteed right to privacy as well. I should be able to tint my winshield to protect my dash, if I want. If it distorts, then yes enforce clarity issues!

enough rant, I surrender the soapbox

PS: The Ga state rep involved is(was) a past CEO/ Corp officer at Courtalds, and a BigWig at the IWFA!!! You got my vote guy!!

[Guest nautiboi73]

PS: The Ga state rep involved is(was) a past CEO/ Corp officer at Courtalds, and a BigWig at the IWFA!!!  You got my vote guy!!

[*]254648

Really?

[Guest metint]

PS: The Ga state rep involved is(was) a past CEO/ Corp officer at Courtalds, and a BigWig at the IWFA!!!? You got my vote guy!!

[*]254648

Really?

[*]255733

Half true... nauti... let it slide.

One GA State representative once headed an independent LLumar Distribution center (resigned to be ST Rep) and once headed the IWFA (position revolves and is voted in, I believe every 2 years)...

My understanding is that the law was struck down during a legal argument involving a drunk driver who had tinted windows... nothing to do with the legislative body in that State.

By the by, I've recently heard that a bill has been introduced to the legislators to again regulate automotive tining in GA.

[Guest nautiboi73]

ok that does sound familar,

and I can't wait for the law to come back into effect. Just hope it is not ulgy restricting to 70 or 50%.