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Out of state tags?


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Good points all. But Kansas the Kansas tint law specifically states it applies to vehicles that are legally required to be registered in our state. Not ones that currently are. I imagine all they have to says is that they are here visiting only.

 

I think that the expectation is that most people aren't going to be staying around long enough to make the court date and either do one of two things:

1) Just pay the fine on move on (revenue for the city)

2) Don't pay the fine and have a bench warrant issued and hope they don't get pulled over in that city/state again.

 

Either way, it is an easy way for a city to generate revenue.

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And whitehog he did tell me that it didn't matter if they were illegal in their own stste because they can't enforce other states laws here.

Yes, that is why I used that example. An officer can only enforce their state, county, or city laws. I do believe they can issue a citation for the infraction but I do not believe they can make the driver modify their vehicle to comply. ie. sit on the side of the road and make them remove the tint.

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Had a customer come in last week that had 20% installed on the front doors and needed it replaced with 30% to get it legal. His car is registered in Florida and he was passing through Georgia. A state officer stopped him and gave him a $140.00 fine for the film being darker than what Florida allows. 

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Had a customer come in last week that had 20% installed on the front doors and needed it replaced with 30% to get it legal. His car is registered in Florida and he was passing through Georgia. A state officer stopped him and gave him a $140.00 fine for the film being darker than what Florida allows. 

 I don't think that an officer can give him a fine, only a citation. The citation was not because he was in violation of Florida law, but because he was in violation of Georgia's window tinting law which applies to all motorists in the state of Georgia and to anyone who installs the film as well.

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Night and day difference in the comparison your using. One state can not enforce another states inspection and emission laws. Your car is an extension of your home.

Perhaps you are thinking of the very limited protections given to RVs. Citation. 471 U.S. 386, 105 S. Ct. 2066, 85 L. Ed. 2d 406 (1985)

http://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-israel/arrest-search-and-seizure/california-v-carney-2/

 

Mr Carney found out that even his RV "home" could be searched without a warrant.

 

Got a source for the contention that a car is an extension of one's home?

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Had a customer come in last week that had 20% installed on the front doors and needed it replaced with 30% to get it legal. His car is registered in Florida and he was passing through Georgia. A state officer stopped him and gave him a $140.00 fine for the film being darker than what Florida allows. 

 I don't think that an officer can give him a fine, only a citation. The citation was not because he was in violation of Florida law, but because he was in violation of Georgia's window tinting law which applies to all motorists in the state of Georgia and to anyone who installs the film as well.

 

That doesn't make sense. If that was true, motorist from Florida passing through Georgia that have 20% or 15% installed on the rear windows of a passenger vehicle would be getting a citation being that Georgia does not allow the rear windows to be any darker than 32%. The officer didn't fine the customer for the rear windows, just the front.

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The Georgia tint law does apply any motorist on the road in Georgia. It came about because an individual that had been pulled over for illegal tinting, got a DUI and challenged the law as unconstitutional because it didn't apply to all motorists, only Georgia residents. The court agreed and tossed out the law so the legislature simply wrote it to apply to all motorists. I've wondered how that would stand up to a court challenge from an out of stater but as a practical matter, I don't think it's used so much to enforce illegal tinting on out of staters, but more as probable cause to see what else they might be doing that's illegal. It's like having a big sign on your car that says HEY LAW ENFORCEMENT - PLEASE PULL ME OVER!

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The Georgia tint law does apply any motorist on the road in Georgia. It came about because an individual that had been pulled over for illegal tinting, got a DUI and challenged the law as unconstitutional because it didn't apply to all motorists, only Georgia residents. The court agreed and tossed out the law so the legislature simply wrote it to apply to all motorists. I've wondered how that would stand up to a court challenge from an out of stater but as a practical matter, I don't think it's used so much to enforce illegal tinting on out of staters, but more as probable cause to see what else they might be doing that's illegal. It's like having a big sign on your car that says HEY LAW ENFORCEMENT - PLEASE PULL ME OVER!

I deal with a lot of snow birds, do you have any kind of link to this information that one can view? Most of them have out of state tags and I install legal film to the state that their vehicle is registered is in to avoid any problems. I also have a good number of snow birds that have their vehicle registered in Florida and have not once heard of any of them getting a fine or citation for the film not being legal in the state they are traveling through even when the film is legal in the state the vehicle is registered in. Sorry if it seems like I am coming across like a prick, just trying to get a better understanding.

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