Ticket with exemption

April 30, 2010

Hey guys. I'm new around here, I am a member of several car forums and the likes. I need some assistance.

My father has a car (several) with a tint exemption. I was driving one back in February and received a ticket for tint. I presented the exemption slip when asked why I had dark tint, and told him the car was my fathers'. He gave me the ticket and said I'll see you in court.

Fast forward 2 months to court date and the attorney and the leo say that the exemption follows the owner and not the car. I showed them the exemption where it states that "The owner of the vehicle has supplied this office with prop paper work and that this vehicle is exempt from the MS State Tint law." The leo said that it didn't matter if he owns it and that he has to regularly ride in it for it to be legal. I presented in the statute book where it says "upon receipt of medical exemption, the owner may place upon the windshield or windows of any vehicle that he owns or operates or rides in regularly. They kept harping on the "rides in regularly" part. I explained that's why it says 'OR' and not 'AND' between those. It can be either of those, where as if 'and' was used, he would have to own, operate, and ride in regularly for the law to be applicable.

Am I reading the law correctly or was he in the right to ticket me?

Thanks,

Justin

April 30, 2010

I am no lawyer , but it does sound to me that you are reading it rite . it also sounds like the leo is not going to back down . how much is the ticket ? how much will representation cost to fight this ticket ? these are questions I would consider . I think this is an interesting topic , please keep us informed on how it turns out ....

Pyramids · April 30, 2010

There are so many people in MS that abuse the medical exeption's. I have customer's laugh when they present it. Good luck with that.

blade · April 30, 2010

you're right they're wrong

April 30, 2010

I am no lawyer , but it does sound to me that you are reading it rite . it also sounds like the leo is not going to back down . how much is the ticket ? how much will representation cost to fight this ticket ? these are questions I would consider . I think this is an interesting topic , please keep us informed on how it turns out ....

The ticket is like $285. I'm going to take it to trial I guess. A lawyer will cost more than the ticket so I don't know if I'm going to get one yet. I'm pretty proficient at these things, especially when I know I'm in the right. I will update with more info as it comes, It's so aggravating, it seems like it's a crime to have the legal paper work and actually know what you're talking about.

There are so many people in MS that abuse the medical exeption's. I have customer's laugh when they present it. Good luck with that.

I will agree 100% on that, no doubt.

Pyramids · April 30, 2010

The cop probally won't show up and they will have to throw it out. It happens all the time. :gasp

Ryker · April 30, 2010

make the fockers do a JURY trial.....and beat them!

April 30, 2010

first off the medical exempt has limits as well as your standard tints regulations, I'm not on my PC right now or I would look it up for you, <(I'll do that tonight when I get home)

I don't know what you have on your car but I would say the reason you got a ticket anyway is because the officer thinks he's right.. which he may be.. did he use a light meter on your doors? if not your good to go his complaint won't hold up in court if he did not use the proper device to measure the VLT..

I'll talk about the Florida medical exempt limits for now........

by having a medical exempt in place for your window tint allows you to go darker than the regular state laws , example Fl allows 28% 0n front and 15% in the rear... the medical exempt only allows you to have NO DARKER than 20% on front doors and 70% on the front windshield , the rear remains at 15% and is Not allowed to be darker. all this info is in your state statue on the particular law, if not you'll have to consult the DOT and they will show you that statue!,,, again I'll look this up tonight for you..

so that's

70% front windshield

20% front doors

15% rear doors & rear glass

the problem is tinters are abusing the privileges by installing limo tint on a car with the medical exempt which is Very Illegal almost everywhere!! with the exception of a few states ,,, I promise if you dig deep enough you will find the fine print about this tint law and Yes every state has it written in the statue..

here's Ga laws on medical exempt http://www.georgia.gov/00/channel_modified...7400795,00.html

here's Pa laws on medical exempt http://www.berksweb.com/users/dmv/tint/exemption.html

April 30, 2010

The MS tint law reads that the individual may place upon the windshield or windows any film that would otherwise be in violation of the MS Tint Law. It does not specify any percentage. The officer did use a meter and read 5%, right before he said "oh %&$#, look at that, 5%." He was real professional..

April 30, 2010

http://www.mscode.com/free/statutes/63/007/0059.htm

(3) Notwithstanding the provisions of subsections (1) and (2) of this section, it shall be lawful for any person who has been diagnosed by a licensed physician in this state as having a physical condition or disease which is seriously aggravated by minimum exposure to sunlight to place or have placed upon the windshield or windows of any motor vehicle which he owns or operates or within which he regularly travels as a passenger tinted film or other darkening material which would otherwise be in violation of this section. However, any such vehicle, in order to be exempt under this subsection, shall have prominently displayed on the vehicle dashboard a certificate of medical exemption on a form prepared by the Commissioner of Public Safety and signed by the person on whose behalf the certificate is issued. The special certificate authorized by this subsection (3) shall be issued free of charge to the applicants through the offices of the tax collectors of the counties. Each applicant shall present to the issuing official (a) an affidavit signed personally by the applicant and signed and attested by a physician which states the applicant's physical condition or disease which entitles him to an exemption under this subsection, and (b) proof of ownership of the motor vehicle by the applicant, or a signed affidavit by the owner of a motor vehicle operated for the use of the applicant, for which he is obtaining the certificate.