Midwestern Members - Seeking Midwest's advice for my predicament.. Possible illegal traffic stop?

Ok so now that I read in IL it is LEGAL to have 35% tint all around (which I have), I am in quite the predicament.

Friday night at 8:20pm I was pulled over for "Tinted windows". The officer took my ID and proof of insurance and went back to his car, while his partner shined a flashlight through my hatch and noticed a few cases of beer.

I am not quite 21, so of course eventually the cop gave me a ticket for unlawful possession of alcohol..

I would take responsibility and pay the ticket, but according to illinois law, as of 10-30-09 (Friday) it became legal for 35% tints all around...

So, if he pulled me over for having tinted windows, when at the time it actually was completely legal...

THEN... should I appear on the court date and attempt to get out of this?

The way I see it is that he really had no reason to pull me over, therefore anything that was found after that should be thrown out as far as evidence for my ticket?

What do you guys think?

Im pretty sure you have a legitimate argument there but I would give a lawyer a call and see what he thinks.

Yeah I plan on getting opinions from a few local attorneys.. I don't want to actually hire an attorney since that would probably be just as much if not more than the fine after court fees.. I just want to know if I provide the exact section and wording of the law, if it will possibly dismiss anything after being pulled over.

I figure either way I have nothing to lose other than my time, so I might go for it anyways. Plus I can always get lucky should the cop not show..

from my understanding, the law has passed, but does not go into affect until January 1st

I too will ask some attorneys about that, but according to this, it says effective immediately..

http://www.cartype.com/pages/246/illinois_window_tinting_law

I need to get everything straight, and I just realized that should I still be found guilty, I will have to add $65ish for court fees. So, I'll let you guys know what some attorneys say and if I'm going to fight this.

They will still probably fine you for the beer just for the fact you were in posession of it, no matter why you were pulled over to begin with. I could be wrong but that's just my .02

That MIP ticket will haunt you for a few years. Higher insurance rate, harder to get insurance and so on. It doesnt make sense but itll happen.

I thought that having tint in IL isnt a primary traffic offense. Meaning they cant pull you over solely for that. Weird.....


Get advice from a lawyer for sure.

That MIP ticket will haunt you for a few years. Higher insurance rate, harder to get insurance and so on. It doesnt make sense but itll happen.

I thought that having tint in IL isnt a primary traffic offense. Meaning they cant pull you over solely for that. Weird.....


Get advice from a lawyer for sure.

Not necessarily, I would look into the deferral program should you still be convicted, you pay more up front and take an alcohol class but keeps it off your record. I have done it twice, I never tried to fight the charge though cuz I had absolutely no case lol:chug:

Well it is an ordinance and from what I know and speaking with others who have gotten the same thing say that once you pay the fine and the ticket is filed with the court then it is dismissed.

If my case has no chance I don't want to risk having to pay the court fees as well, so depending on that I may just go ahead and pay the fine.

I'm reasonably sure the tint ticket would be the only thing you'd get thrown out if that law is in effect. Anything in plain sight during a traffic stop is fair game as far as I know, doesn't matter why they pulled you over or saw it in the first place.

When I heard that they were changing the tint law I was kinda suprised. I mean the Nazi state of Illinois never ever gives back anything.
I read a ton of posts where guys were cheering because of the change.

I found a link and read the actual change. The way I read the law was that the only people who would be allowed the tint were people with medical exemptions. They had to have a doctors order and tey had to renew the permission every year.

Have you read the actual bill that passed?

I would be interested to know.

Robin

Nope they will state probable cause to pull you over. As the others have stated the judge will dismiss the tint ticket and nail you for the beer. The beer is a higher fine then the tint.

I didn't get a ticket for anything but unlawful possession. What would be probable cause for pulling me over if the tint is legal?

They can pull you over for whatever they want.. its bullshit but they can get away with it.. i got pulled over for speeding in a parking lot when I was going 7mph.. got a ticket for not having my license...

Nope they will state probable cause to pull you over. As the others have stated the judge will dismiss the tint ticket and nail you for the beer. The beer is a higher fine then the tint.

I think that is what will happen also.

All's the cop has to say is that it looked illegal and pulled you over and he also saw the alky from outside the car (legal) and gave you a ticket for that and found upon closer inspection that that tint was legal and say hi to the fine and higher insurance and court fees.

yea he can pretty much say he thought the tints were too dark and pulled you over, in the process found the beer. it's weak, but you're probably f'ed.

yea he can pretty much say he thought the tints were too dark and pulled you over, in the process found the beer. it's weak, but you're probably f'ed.

Ive been pulled over a few times, once was for suspected drunk driving...... I was not drunk nor had i been drinking. I just drive a turd that does not like to go perfectly straight sometimes..... If I had something illegal in the back seat the cop in court could have said he suspected me of drunk driving, found that I was not drunk but saw such and such in my back seat... case closed.

Yeah I guess he could always say the 'it looked like it was darker than 35%' BS...

I haven't called any attorneys about this yet because I wanted to get a little more info from the PD about when I need to pay by, etc. They did inform me that when it is paid on time, it will only be filed and kept at city hall, and won't appear on my personal record for just about any job I apply for except a police officer.. which I have no intentions of being.

Right now I'm thinking I'm just going to pay the violation and lesson learned.. Well, not really a lesson so much as a deterrence on that night's festivities. And my savings account. :(

Yeah I guess he could always say the 'it looked like it was darker than 35%' BS...

I haven't called any attorneys about this yet because I wanted to get a little more info from the PD about when I need to pay by, etc. They did inform me that when it is paid on time, it will only be filed and kept at city hall, and won't appear on my personal record for just about any job I apply for except a police officer.. which I have no intentions of being.

Right now I'm thinking I'm just going to pay the violation and lesson learned.. Well, not really a lesson so much as a deterrence on that night's festivities. And my savings account. :(


How is it BS?

When you are driving down the road and see another car driving down the road with tint AT NIGHT can you tell for sure every time what is legal and what is not? I sure can't and I have pretty good eyes... my 96 had factory tint but at night it sure did not look like it.

It might not show up if a company runs an average back ground check but if you ever have to apply for a security clearance or something you better fess up with it....... nothing is hidden when they do that kind of a back ground check.

How is it BS?

When you are driving down the road and see another car driving down the road with tint AT NIGHT can you tell for sure every time what is legal and what is not? I sure can't and I have pretty good eyes... my 96 had factory tint but at night it sure did not look like it.

It might not show up if a company runs an average back ground check but if you ever have to apply for a security clearance or something you better fess up with it....... nothing is hidden when they do that kind of a back ground check.

Well tint laws are BS in the first place, so ya getting pulled over for it is BS too. I mean really its like getting pulled over for turn signal or some other fishing bullshit. They dont care how dark your windows are but theyd love to write you a ticket for something else like what the OP got!

Mines isnt tinted but will be this winter, but no one cares in Indiana anyways so...

Juiced, especially now that IL allows 35% tint, getting pulled over for that will piss me off every time.. But it's cool because I won't transport alcohol again until I turn the magic age. I'll sit there with a grin on my face and thank the officer for wasting my time when he finds my tint to be legal.

Kind of like giving a sober 20 year old a ticket for possession of unopened beer.. I thought confiscation of the beer was plenty punishment?!? Nope, instead our economy will suck that much more because now I can't go out and buy Forza 3, MW2, or any other fun stuff for a little while.

Juiced, especially now that IL allows 35% tint, getting pulled over for that will piss me off every time.. But it's cool because I won't transport alcohol again until I turn the magic age. I'll sit there with a grin on my face and thank the officer for wasting my time when he finds my tint to be legal.

Kind of like giving a sober 20 year old a ticket for possession of unopened beer.. I thought confiscation of the beer was plenty punishment?!? Nope, instead our economy will suck that much more because now I can't go out and buy Forza 3, MW2, or any other fun stuff for a little while.

haha you dont know how many times ive heard that and said it after a close call or ticket. just put it in a backpack or bury it under shit in your trunk and your set! ask me how i know lol

it is real nice being 21 now though and not having to worry about this sh*t!

Yeah I guess he could always say the 'it looked like it was darker than 35%' BS...

BS?

All they have to say is that you changed lanes without a signal or something along those lines, and it was Probable Cause to make a stop.

In one post you talk about just manning up and paying the fine...But it others you're whining cause you think you can weasel out of the ticket on some technicality. Like the people that want to get out of speeding tickets because the cop wrote the color of their car wrong on the ticket.


Here's some advice: Pay the fine. Next time you're transporting booze underage, throw a coat or blanket over it LIKE EVERY OTHER UNDERAGER with an -fbody. Whoops, common sense.

BS?

All they have to say is that you changed lanes without a signal or something along those lines, and it was Probable Cause to make a stop.

In one post you talk about just manning up and paying the fine...But it others you're whining cause you think you can weasel out of the ticket on some technicality. Like the people that want to get out of speeding tickets because the cop wrote the color of their car wrong on the ticket.


Here's some advice: Pay the fine. Next time you're transporting booze underage, throw a coat or blanket over it LIKE EVERY OTHER UNDERAGER with an -fbody. Whoops, common sense.

Dont be a dick, I hate seeing self righteous people on here that act like they dont care when they get a ticket and dont ever try to get out of them regardless of whether it was a legal stop or not! I know I sure as hell would be, I dont have that kind of money to be shelling out! Im sure almost all of us would be trying to find away around it...

Dont be a dick, I hate seeing self righteous people on here that act like they dont care when they get a ticket and dont ever try to get out of them regardless of whether it was a legal stop or not! I know I sure as hell would be, I dont have that kind of money to be shelling out! Im sure almost all of us would be trying to find away around it...

It's his fault for leaving it out in plain sight. I've been drinking since I was a Freshman in High School, and we were driving around with beer/booze 24/7...Never once left it out in plain sight because that's not a smart thing to do when you're not supposed to have it.


Might as well have left a bong laying in the front seat too.

In one post you talk about just manning up and paying the fine...But it others you're whining cause you think you can weasel out of the ticket on some technicality. Like the people that want to get out of speeding tickets because the cop wrote the color of their car wrong on the ticket.


Here's some advice: Pay the fine. Next time you're transporting booze underage, throw a coat or blanket over it LIKE EVERY OTHER UNDERAGER with an -fbody. Whoops, common sense.

Normally, I'd agree with you. It's been 11 years since I last had a ticket (knocking on wood), but I would just pay the fines and never fight back then since I was guilty anyway.

These days I'm not so sure though. Have you seen the latest round of Cook county property tax bills? Holy shit. And let's not forget that we have the highest sales tax in the nation now. Local government has enough of our cash, and at this point I'd do anything possibile to get out of giving them any more of my money to waste.

So, guilty or not, I can't blame people for wanting to fight these days. Personally, I'm ready to start a fucking revolution over the tax situation.

b00sted it's along the lines of what RPM just said. I read somewhere that my local PD made over $340,000 in ordinance violations alone last year, most all of them being possession or consumption of alcohol. At $275 a ticket it adds up quick, and the amount of money we as consumers (let alone already broke college students) can spend depletes.

So I came on here to ask if any of you thought it was a legit argument, but I did not think of some points others had brought up. Sot thank you guys for the advice, I'm going to pay the ticket and forget about it and do my best to make sure it doesn't happen again.

It's his fault for leaving it out in plain sight. I've been drinking since I was a Freshman in High School, and we were driving around with beer/booze 24/7...Never once left it out in plain sight because that's not a smart thing to do when you're not supposed to have it.


Might as well have left a bong laying in the front seat too.

Im right there with ya and always had it in a bag for the most part, there were a few instances we were asking for trouble. But you can blame him at all for trying to fight it...I know I would!

Well tint laws are BS in the first place, so ya getting pulled over for it is BS too. I mean really its like getting pulled over for turn signal or some other fishing bullshit. They dont care how dark your windows are but theyd love to write you a ticket for something else like what the OP got!

Mines isnt tinted but will be this winter, but no one cares in Indiana anyways so...

I think it is more for the saftey of the cop, if he or she is making a traffic stop and can't see into the car as they are walking up then that is a possible hazzard to their health... I am not a big fan though of dark tint though... the factory stuff tends to be fine for me.

Juiced, especially now that IL allows 35% tint, getting pulled over for that will piss me off every time.. But it's cool because I won't transport alcohol again until I turn the magic age. I'll sit there with a grin on my face and thank the officer for wasting my time when he finds my tint to be legal.

Kind of like giving a sober 20 year old a ticket for possession of unopened beer.. I thought confiscation of the beer was plenty punishment?!? Nope, instead our economy will suck that much more because now I can't go out and buy Forza 3, MW2, or any other fun stuff for a little while.


Some cops would just take it but if it got around that they took it and did not give a ticket but gave one to someone else then that would not look good. A lot of times most traffic stop is up to the officers discretion but when it comes to things like beer there is not much leeway...

I mean one guy on here got mad because a cop gave him a ticket for doing double the speed limit but could not realize that he was lucky that he did not take his liscence and impound his car.... Even though you could have got out of the tint ticket he could have gave you one then you would have had to spend all that time getting out of it.


I am respectfull as I can to cops when I get pulled over..... I got a warning for speeding once (like 10 over on the highway) and a seat belt ticket (was just going around the corner but should have been wearing one). Got pulled over a few other times for speeding and once for a bad head light... no tickets... then once for 100 in a 40..... got a verbal warning out of that one... I know for sure that if I was a jerk to the cop I would have spend the night in jail.


With all the drunk driving and underage drinking out there you can't really blame the cop for giving you a ticket..... and look at it this way... no points off your liscence or anything and if you were smart you would talk the DA and see if you can do some community service or something and get it droped if it is a first offence and you have a clean record.....

I understand. When I called the PD I asked about community service but they said for ordinance violations they don't offer that.. Like I said it's not going to be on my permanent criminal record anyways, it will stay at City Hall and I have no plans of applying for a career type job around here anyways. Thanks for the constructive advice though.

b00sted it's along the lines of what RPM just said. I read somewhere that my local PD made over $340,000 in ordinance violations alone last year, most all of them being possession or consumption of alcohol. At $275 a ticket it adds up quick, and the amount of money we as consumers (let alone already broke college students) can spend depletes.

That's how any suburban department has to make their money. Through ticket revenue.

That's why in Chicago, you have to be a REAL dick head to come close to getting a ticket like that.


Here in my neighborhood, the CPD guys usually take the beer from the young kids at the park, and drop it off at our garage.

If I was in Chicago I would have offered the cop $100 to not give me a ticket.

If I was in Chicago I would have offered the cop $100 to not give me a ticket.

You wouldn't have gotten one regardless...Unless maybe in some district up north where they don't do any real work.

But out here, like I said, you gotta be a complete dick to get a ticket.


I mean I've been sitting at the light on my Harley with plates that expired in March of 06...And some 022 District guys pulled up behind me. I'm watching them in the mirror figuring I'm getting pulled over. The passenger notices my plate, taps his partner on the shoulder and points at it, and they both bust out laughing. Then light goes green and I ride away.

i have limo tint on all my cars and no tint is legal where I live or have lived. I always roll the windows down before I even stop, both of them and turn all the lights inside on and put my hands on the wheel. It makes the cop feel safer and not as worried. I have been pulled over a dozen times, and only recieved 1 ticket, Never once have they mentioned the tint.

Like others have said cover the beer if your underage, and just play it safe. It's a great day when you turn 21, enjoy it, cuz after that the birthdays just suck!! lol:)

Good luck if you fight it.

Thanks. I paid the ticket and am just going to play it safe until the big day (about 10 months from now lol).