Burden of Proof

In other words, if someone desires to detain you, restrict your legal rights, or accuse you of a crime, the 'Burden of Proof' requires them to prove that you have indeed violated a Law or committed a crime.

A window tinting citation is a Criminal Complaint! The 'Burden of Proof' requires the Officer and the Court to prove, 'beyond a reasonable doubt', that a violation or crime has occurred.

WHERE IS THE LAW OR STATUTE?

Legal Tint meeting FMVSS205 is explicitly allowed under the PA LAWS and REGULATIONS. (See PA ADMINISTRATIVE CODE TITLE 67 - CHAPTER 175.67 (d)(4)

The Tint Authority Matrix shows that Tinting less than 70% is permitted by the following . . .

• The LAW TITLE 75 of PA STATUTES - 4524 (e)(1)
• The PA ADMINISTRATIVE CODE TITLE 67 - CH 175.67 (d)(4)
• The Inspection Regulations
• The Federal Motor Vehicle Safety Standard FMVSS No. 205

• A SAFETY BULLETIN sent to Inspection Stations
• Another SAFETY BULLETIN - This one comes with a neat NEW TABLE X
• The New Table X for the Inspection Stations to "share with their customers"
• A Newspaper Article from the PA Bulletin

In order to be found Guilty of violating the PA LAW, a person MUST prove, beyond a reasonable doubt, that this tint does not permit him to view the interior. Officers unable or unwilling to meet that Burden Of Proof would perhaps feel more comfortable in a country ruled by the Police (and Table X,Ys, and Zs) instead of Laws!

SUMMARY OF FACTS

• The Law Does Not prohibit Tint below 70%
• The PA Code (Regulation) does not prohibit Tint 'permitted by FMVSS205'
• The PA Code says that Table X does not apply to vehicles "permitted by FMVSS205"
• PENNDOT says it is 'only their interpretation of FMVSS205' that prohibits tint.
• Some Self Taught Officers think they know more than PENNDOT and say it is Table X.
• Police claim that a section of TITLE 67 removed window tint from the inspection process and told Inspections Stations to pass illegal vehicles and let the police enforce the law, but they can't point out where.