Legal Question in Traffic Law in Virginia

In virginia if your pulled over because the officer thinks you tint is too dark and asked you if he can use a Device to test the darkness of your window do you have to compile; with the fifth amendment stating you don't have to provide self in criminating evidence yourself. You have to roll the window up to get tested by the device could you simply say if you wish to conduct a search you don't have my consent but he would anyway under probable cause I don't have to help him conduct his investigation . So is there law stating that he is allowed to operate my vehicle without my consent. ie. to test the window he would have to operate my vehicle and turn it on and use various electricl circuits to roll my window up to conduct his roadside experiment


Asked on 9/06/12, 10:08 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, you could refuse the request for such a test and let the officer

take his or her chances in writing you a ticket for the alleged infraction.

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Answered on 9/06/12, 10:50 am


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