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Old 08-10-2010, 03:52 PM   #1
Jay22
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Pulled over for Tinting - How can I fight it?

So yesterday Im going down highway 6 and a cop decides to pull me over because I stopped beyond the first white line...at a traffic light...it was raining and wet and quite slippery so I was a little late in hitting the brakes but still I stopped well before the intersection.

Anyway so the cop turns around and pulls me over and he says "well if you werent going so fast you wouldnt have problems stopping"...and then he tells me to roll up my window...so I rolled it up...then he says roll it down...which I did...and he goes this tinting is illegal I cant see inside your car.

I have 35% tinting on the drivers, passengers and rear doors - and Ive never had issues with it before....it was 813pm and it was dark, raining and cloudy and he was just looking for a reason to bust me.

Anyway I have no intention of paying the SOBs. Im going to fight it...Im going to court on friday to file a notice to fight it...Im wondering if anyone else has gone through this or whether they can recommend someone I should talk to or just go to court and appear in person when a court date is assigned?

The fine is 110.
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Old 08-10-2010, 04:02 PM   #2
NOTORIOUS VR
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You will not win... tint is not allowed in Ontario. Suck it up, pay the fine and move on.

Quote:
Originally Posted by HTA
Equipment obstructing view
Signs, objects, etc.
73. (1) No person shall drive a motor vehicle upon a highway,
(a) with any sign, poster or other non-transparent material or object placed on the windshield or on any window of such motor vehicle; or
(b) with any object placed in, hung on or attached to the motor vehicle,
in a manner that will obstruct the driver’s view of the highway or any intersecting highway. R.S.O. 1990, c. H.8, s. 73 (1).
Colour coating obstructing view prohibited
(2) No person shall drive a motor vehicle upon a highway where the surface of the windshield or of any window of the vehicle has been coated with any colour spray or other colour coating in such a manner as to obstruct the driver’s view of the highway or any intersecting highway. R.S.O. 1990, c. H.8, s. 73 (2).

Colour coating obscuring interior
(3) No person shall drive on a highway a motor vehicle on which the surface of the windshield or of any window to the direct left or right of the driver’s seat has been coated with any coloured spray or other coloured or reflective material that substantially obscures the interior of the motor vehicle when viewed from outside the motor vehicle. R.S.O. 1990, c. H.8, s. 73 (3).
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Old 08-10-2010, 04:02 PM   #3
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Co-worker of mine went through this. He had a friend take pictures of him sitting in the drivers seat, through the tint (in daylight). His pictures clearly showed that he was visible in spite of the tint. The judge threw out the charges.
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Old 08-10-2010, 04:05 PM   #4
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Quote:
Originally Posted by NOTORIOUS VR View Post
You will not win... tint is not allowed in Ontario. Suck it up, pay the fine and move on.

[/b]
key phrase is "substantially obstructs" that is subjective and non-quantifiable = you have a chance of making your case in court.
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Old 08-10-2010, 04:06 PM   #5
radi0activem
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Fight it. 35% tint is definitely not "Obstructing" the view of the driving.
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Old 08-10-2010, 04:10 PM   #6
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Quote:
Originally Posted by hockeyfan27 View Post
key phrase is "substantially obstructs" that is subjective and non-quantifiable = you have a chance of making your case in court.
If it's dark enough for a cop to say he cannot see your face while it's dark out then yes it does. Unfortunately for us in Ontario, our laws are written too vague which leaves most of it open to the officers discretion.

35% is enough to make it difficult to see what the person inside the car is doing or what he looks like @ night or on a low visibility day.

Fact is, there is no legal limit for tint in Ontario. You're basically playing your cards with the cop every time.
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Old 08-10-2010, 04:10 PM   #7
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just go to court and appear in person
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Old 08-10-2010, 04:15 PM   #8
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if you've never had problems with it before then you're obviously innocent... just tell the judge that and I'm sure he'll dismiss it.
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Old 08-10-2010, 04:20 PM   #9
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Go to court... 35% is nothing for them to be giving tickets on...
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Old 08-10-2010, 04:20 PM   #10
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Just don't tell him you think the cop was out to get you
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Old 08-10-2010, 04:28 PM   #11
Jay22
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He was definately out to get me...I mean he couldnt nail me for speeding...then he was looking for any other other reason....Im definately fighting it.

But I wont tell the judge that...will take some photos as suggested above.

I'm betting he wont even show up...but if he does...Im definately going all out - this guy was a real piece of work

Last edited by Jay22; 08-10-2010 at 04:30 PM.
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Old 08-10-2010, 04:47 PM   #12
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Fight it man , Proly right about the no speeding charge , Now he had to figure out what else he could get you for , Sad they could not use their resourses to get those preditors off the streets rather than petty shite like this , Welcome to the real world.
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Old 08-10-2010, 04:56 PM   #13
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go to a dealership and get them to print something saying its a legal percentage. if you can even get a invoice saying they tinted it with 35% blah blah blah. I got the same tickets, got abunch of stuff together to fight it and got lazy.
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Old 08-10-2010, 05:07 PM   #14
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tint is not illegal. lol
he was just trying to find something to give you a ticket(he sounds like a giant ass ...from the comments he said)

fight it
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Old 08-10-2010, 05:26 PM   #15
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Quote:
Originally Posted by SiR View Post
tint is not illegal. lol
he was just trying to find something to give you a ticket(he sounds like a giant ass ...from the comments he said)

fight it
Read again: above. according to the HTA it is. but the key word is obstruction.
If the person can see out of the car and the officer or someone else can see his face or interior of the car then it is permitted. But again left up to the discretion of the officer in charge. the reason 35% tint is the rule of thumb is because anything darker no longer allows one to see into the car. You can't prove it being 35% but you can prove that with the window up with a picture as noted above. I got the same crap thrown at me about my license plate cover being smoked making my plates visibility difficult. I proved it to him I could read my plate from afar and if I could so could he; unless he wasn't wearing his glasses...lol.
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