Legal Question in Traffic Law in New York

Failure to Comply re:Make window avail for tint testing

A friend of mine (yes it wasn't me) was pulled over. He has heavily tinted rear window but the side windows were in the down position. The officer requested that he raise the windows so they can be tested. My friend refused. He was given a ticket for failure to comply and for tinted windows.

My question is whether or not the officer has the right to request the windows to be put up for testing ? Especially since there was no other reason for the officer to stop the vehicle.

Is the ticket for the tinted windows valid since there was never a test administered to prove that the windows were tinted ?

Thanks


Asked on 7/22/04, 1:14 pm

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Failure to Comply re:Make window avail for tint testing

The answer is yes he has every right to check the vehicle for proper equpment. If the windows are appropriate within specifications your friend should have no problem having somebody testify that they are. Otherwise pay the fine and be prepared to be pulled over again

Good Luck

RRG

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Answered on 7/22/04, 1:25 pm


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