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COURT DATE IN NEW YORK


EWF

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I'll start by saying that those of you who install auto film within the State Of New York are not going to be happy with this post.

A few months back, I was contacted by a nice young fellow who received a summons for illegal window film. He never purchased anything from EWF and was just looking for information and clarification. I told him to come in to see me and that I would be happy to chat with him about window film and the law.

The law in NYS has always struck a raw nerve in me. NY has one of the most poorly written, unfair and bone-headed window film laws in the USA. I took on this young man's cause and told him I would help him fight his ticket.

I hired a terrific law firm to assist us. One of the partners in the firm is a sitting judge in municipal court and hears these cases on a regular basis.

This is what transpired:

I was able to help him. The judge dismissed the ticket. Still, it was a very hollow victory.

Now for the part that is really going to drive you nuts:

Courts in New York have issued rulings that law enforcement officers do not even need light meters to issue tickets. There have been cases where police officers simply compare a suspects window to the windows in their police cruisers. Under the assumption that their police vehicle windows are at or near the legal limit, they can determine that the suspect's windows are darker and therefore illegal. The courts have ruled that "a reasonable person can tell that one window is darker than another."

The most notorious case is "People vs. Gumbs". I have posted a copy of the written decision on the downloads page of the EWF website. If you wish to read it, go to http://buytint.com/downloads.html. It's the last document on the list.

Although I still maintain that the light meters are not as accurate as many believe them to be, it is now a moot point. Cops no longer even need meters to write tickets in NYS.

There remains only one line of defense left in this war, but the good news is that it might be our best shot. More on that later. I just wanted to keep you up to date.

-Howard

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I'll start by saying that those of you who install auto film within the State Of New York are not going to be happy with this post.

A few months back, I was contacted by a nice young fellow who received a summons for illegal window film. He never purchased anything from EWF and was just looking for information and clarification. I told him to come in to see me and that I would be happy to chat with him about window film and the law.

The law in NYS has always struck a raw nerve in me. NY has one of the most poorly written, unfair and bone-headed window film laws in the USA. I took on this young man's cause and told him I would help him fight his ticket.

I hired a terrific law firm to assist us. One of the partners in the firm is a sitting judge in municipal court and hears these cases on a regular basis.

This is what transpired:

I was able to help him. The judge dismissed the ticket. Still, it was a very hollow victory.

Now for the part that is really going to drive you nuts:

Courts in New York have issued rulings that law enforcement officers do not even need light meters to issue tickets. There have been cases where police officers simply compare a suspects window to the windows in their police cruisers. Under the assumption that their police vehicle windows are at or near the legal limit, they can determine that the suspect's windows are darker and therefore illegal. The courts have ruled that "a reasonable person can tell that one window is darker than another."

The most notorious case is "People vs. Gumbs". I have posted a copy of the written decision on the downloads page of the EWF website. If you wish to read it, go to http://buytint.com/downloads.html. It's the last document on the list.

Although I still maintain that the light meters are not as accurate as many believe them to be, it is now a moot point. Cops no longer even need meters to write tickets in NYS.

There remains only one line of defense left in this war, but the good news is that it might be our best shot. More on that later. I just wanted to keep you up to date.

-Howard

Keep us posted Howard :twocents

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My problem is that most enforcment officers don't even know what the law is....I know a NY cop and he thinks it is 35% on the front and rear sides

Hey Dave,

Your friend must have been "on the job" for a long time. It used to be 35% until Mario Cuomo killed the party in 1993. BTW - Is there a requirement in CT that these windows need a sticker? Have you ever been asked to furnish one?

See ya soon.

-Howard

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your correct howard,NY tint laws are a joke.noone take's it serious.I tint so many cops personal cars and sergents and captians,THEY dont even know what the law is.when its over I hope it's to our benifit.it REALLY hurt my biz.

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My problem is that most enforcment officers don't even know what the law is....I know a NY cop and he thinks it is 35% on the front and rear sides

Hey Dave,

Your friend must have been "on the job" for a long time. It used to be 35% until Mario Cuomo killed the party in 1993. BTW - Is there a requirement in CT that these windows need a sticker? Have you ever been asked to furnish one?

See ya soon.

-Howard

Yes Howard you are supposed to have stickers in CT....custys ask me all the time if I can issue....only DMV can!!! This usually deters them from going since DMV is always a nightmare...I have seen cases throughout the years where the inspectors at DMV don't even know the law! HEY, I WILL SEE YOU IN A LLITTLE WHILE....NEED SOME SILVER REFLECTIVE AND MAYBE TRUE BLACK

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Howard, time to educate these folks that film can appear darker based on the color of the car and interoir, yet be legal.

Sounds as though you could be the one to at least get the use of light meters to determine legality of the film.

WHatever happened to having proof where a violation of a Law is involved ? Just a Cop thinking a person is in Violation is good enough in NY ?

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