AS-1 Line Expert Needed

March 15, 2011

So, was the visor below the AS1 line?
And how far below was it?

I'm thinking that if it was, and you have no case.

Because the police officer was right. Is my bet.

But in any case..... Good luck.

It's not about whether the tint was actually below the line; it's whether the cop could tell it was below from across the parking lot, justifying the stop. My argument is that he can't - no one could (who's not an expert). I need the expert to talk about the line itself and how there are just too many variables for it to be "obvious" to anyone.

Time is running out for me here, guys. If someone who has the knowledge could step up, I would be extremely grateful.

It may very well be a losing argument, but it's an argument that needs to be made.

Thanks.

blade · March 15, 2011

you seem to be avoiding the question. how far below the as-1 line can definitely mean that he could have realized that it was too big. 1/2" below you've got an argument. 2" below you don't. there are MANY cops here who have a hard-on for ticketing for tint. they know the laws and know what to look for. and some cops could have been tinters too. i know of 2 here in town and 1 here on the board.

hungry&fat · March 15, 2011

If it was an illegal sun strip, then it was an illegal sun strip. If the cop spotted it from accross the parking lot and was correct, what is there to debate? Now if he pulled your client over for the sun strip, and was incorrect about the legalness of the strip, you may have a case. How many lottery winners won millions because of the numbers they guessed? How many won because they were math experts?

April 6, 2011

This is a final follow-up to this post.

My client was stopped based on an "obvious" AS-1 line violation. At the Motion to Suppress, I argued that the AS-1 line is not - and cannot be - obvious to anyone and that the stop was pretextual (a fishing expedition based on the officer's observations prior to the stop). I also argued that the Florida Statute is unconstitutional on its face and that the officer applied the wrong standard because the law limits the tint on the windshield to the AS-1 "area" based on the Federal statute (a very complicated calculation) - there is no mention in the statute of an AS-1 "line" - and that the mark placed on the windshield by the manufacturer is not legally sufficient. I was able to get all of this information in based on the relevant laws (though I still would rather have had an "expert" to explain it all to the judge). My motion was denied. Based on another charge, my client pleaded his cases and was sentenced to 37.8 months in Florida State Prison. The appeal is pending.

As a side note, I was surprised no one would step up and testify as an expert. I spoke with several local people who would have made ideal witnesses, but fear of reprisals from the police, apparently, won the day.

Thanks to all who considered my offer (except for Blade, who is just a smart ass) and especially to Sisqouc, who pointed me to the California code.

dm

blade · April 6, 2011

no one stepped up because they all realized it was worthless. illegal is illegal. you're just tryin' to help out a criminal with petty bullshiat. and thank you for the complement. glad i could help. :bingo