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(e) Sun screening and other materials prohibited.
(1) No person shall drive any motor vehicle with any sun screening device or other material which does not permit a person to see or view the inside of the vehicle through the windshield, side wing or side window of the vehicle.
Can a person see or view the interior of this vehicle?
Can a person see or view through both windows of the vehicle to read the LAW?
Does the LAW matter?
One recent evening while returning from a restaurant just a mile from my home, I made the mistake of driving with my window slightly down, as the above photo shows. On noticing the clear band at the top of the window, an officer of the law, anxious to 'take a bite out of crime', altered his course, turned on his lights, and demanded that I pull over.
After verifying that all my identification papers and traveling papers were in order, he told me that my window tinting was illegal, and that I would have to take it off immediately, or else....
"I believe you're mistaken, officer", I said. "The law only prohibits tinting which prevents a person from seeing or viewing the interior of the vehicle."
But the law didn't seem to matter to him. He had these neat new gadgets the department had purchased that measured how much of the light from little green LEDs passed thru to a light meter, and seemed anxious to try it out. The department had also provided them with the misleading information that any window tinting that allowed less that 70% of the light from little green LEDs to pass through was prohibited by PA LAW.
He also remarked that "a lot of people are under the impression that just because the PA Inspection Stations cannot reject the tinting that it was legal." His department had been (mis)informed that even a car that had passed all Inspection Regulations and had a valid sticker could be illegal to operate in PA.
He then asked me to put my window halfway up and open my door so he could reach into my auto to try his new meter. Now I already felt violated by having been illegally pulled over and detained (misunderstanding of the law does not constitute probable cause) and I'm also aware that I cannot be compelled to allow anyone access to my vehicle; but he did ask nice and I generally don't argue with people who carry loaded guns.
To make a long story short, he detained me for almost a half-hour and finally cited me for violating 4524 (e)(1), implying that he was unable to see or view the interior of my vehicle.
The Trial
I could have just paid the $100. fine, but I discussed it with an attorney and we were convinced that PA Law did not and could not legally prohibit window tinting that allowed a person to see the interior of the vehicle.
We were both also aware that the Law really didn't matter either, since District Justices aren't necessarily trained in the law and are under no obligation to render legally correct decisions.
Any lawyer will tell you that in order to be found guilty of the above criminal charge (violating 4524 e 1) the officer would have to prove, beyond a reasonable doubt, that he was unable to see or view the inside of my vehicle.
Or would he? Consider the following testimony...
Guilty!
Yet I was found guilty of violating the section of the Law quoted at the top of this page. The DJ made the extraordinary comment that, although the officer could clearly see the interior of the vehicle, he might not be able to see in as clearly at night!!
For this reason, and because of all the drug dealers, murderers, rapists, and pedophiles around, the DJ decided that the Law didn't really matter. He reasoned that the Law was designed to protect Police, so now the Police were free to interpret the Law any way they liked, regardless of what it actually said.
What's Next?
Don't know. The appeal process is not cheap. America does have the best legal system that money can buy - I just can't afford it! And consider this!
When I went to this first hearing, I knew that even if I won, there would be nothing to stop any other officer from harassing me, or anyone else, for having legal window tinting. The same is true if I win the appeal. I've already spent hundreds dollars, as I'm sure many other citizens have, fighting this encroachment of our rights by the police. But even if I win, it wouldn't improve the situation at all for anyone.
A BETTER WAY! - The only way to stop this Police Action from superceding the Law is to act together, at the State level, to ensure that our freedoms and rights are protected.
Email your Senators! I am planning on talking to my Representative or Senator
soon. Feel free to copy the material here and do the same.
I'm also posting a Bulletin Board so other citizens who are concerned
about being ruled by the Police instead of the Law can discuss their experiences
and concerns.