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bertmobile21Sun Jan-03-10 02:08 AM
Member since Oct 10th 2009
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"tint questions"


  

          

Gale-

I’m from Michigan, and I believe the laws here allow any tint in the passenger and rear, and 4 inches on the pillar. That being said, there is a loophole, which is a medical exemption... I just wanted to know what that is, and more so how I would get one. Would I just have to go to an eye doctor's and have them issue me a prescription? Because I do have issues with the sun at times, I sneeze anytime I look at it... kinda crazy.

Also my dad was telling me a horror tint story about how one of my grandpa's friends had his tint scrapped by an officer during a traffic stop. I was appalled and prepared to go to battle when I heard this. I just wanted to know how legal that was, and if it could be fought in court. It would be a tough one to fight since the tint would have been there illegally, regardless though; it was not the officer's property.

Thanks, and I look forward to your opinion!

  

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Gale155Sun Jan-03-10 09:01 AM
Member since May 25th 2003
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#1. "RE: tint questions"
In response to Reply # 0


  

          

According to the Michigan State Police:

"MCL 257.709(3)(e) allows for front side window tinting with "...a letter signed by a physician or optometrist, indicating that the special window treatment or application is a medical necessity. However, the special window treatment or application shall not interfere with or obstruct the driver's clear vision of the highway or an intersecting highway." A vehicle equipped with such tinting could not legally be driven by a person other than the person to whom the letter was given."

Michigan seems to have strange tint laws, and it's my understanding that the state troopers go after violations rather aggressively. It appears to me that the only thing a medical exemption will do for you is allow complete tinting on the front side windows instead of just the top 4-inches, but I don't think they'll let you go darker than 35%. Any medical doctor or optometrist in the state should be able to give you more information (in your situation, you'll probably need a doctor). Keep in mind that if let anyone else drive your car, they could get a ticket.

Regarding the officer scraping the tint during a traffic stop, I've only heard of something like that happening once in my 30-year career. In that case, the officer (a reserve) ordered the driver to scrape the tint off his windows while he watched...right there on the side of the road! Later, that officer was severely reprimanded, but I don't recall if the city made restitution to the driver or not.

In my own opinion, any officer who would do something like that is crazy, and I can't imagine any law enforcement agency permitting such action. Personally, I think it would be construed as illegal destruction of property. Having said that, I suppose some interesting arguments could be raised should such a case ever go to court - either criminal or civil. For example, if the tint is illegal, is it considered to be contraband? What if the officer preserves the scraped-off tint as evidence to be presented in court? Sure, the tint (and the vehicle it's applied to) is the personal property of another, but so is a bag of marijuana or a shotgun with a 4-inch barrel. Hmmmm. Conversely, what if the officer damages the paint, trim or the glass itself while scraping the tint? Unless the cop takes photos, and the tint itself is retained as evidence, how do we know that it was indeed illegal?

As a retired cop, I would never sue an officer as an individual unless it involved something totally outrageous. However, if some cop were to scrape the tint off my windows, I would report it to the agency involved and demand restitution. If that didn't work, I'd file a civil lawsuit against the agency so fast it would make your head swim.

Gale
Ex-Mark VIII Owner (for now)
06 Monte Carlo SS, 12K miles

  

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