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SCOPE - This document is for law-abiding citizens of the Commonwealth of PA who have Legal Safety Sun Screening on their vehicle, yet have been falsely accused by the State of being criminals and violating Statute 4524 (e)(1) by preventing a person from seeing the inside of the vehicle through the windshield or side window.
The State has found a profitable source of income and further intrusion into our personal lives by making up their own interpretation of Statutes passed by the legislature of PA. Many people unjustly accused of being criminals and violating the safety sun screening law (4524 e 1) just give up and pay the fine. That's what they hope and expect.
YOU HAVE RIGHTS
However, you can fight for your rights and make it more difficult for them to label you a criminal and demand money from you. It might be easier to just pay the fine, but the Veteran's Hospitals and Cemeteries are filled with people who have sacrificed a lot to allow you to live in a free country where you cannot be easily convicted of being a criminal. Here are some suggestions on how you can stand up for your freedoms and rights that they have given so much for.
When the State accuses you of committing a criminal act, they are required to prove 'beyond a reasonable doubt' that you committed that act. You are NOT required to prove your innocence. You can not even be required to testify.
You are also entitled to know all the facts about the case and supposed 'evidence' against you - BEFORE THE TRIAL. Toward that end, you are permitted to request a Bill of Particulars (documents and questions about evidence) from your accuser to help you fight the alleged criminal actions charged against you. See Rules of Criminal Procedure 572.
MAKE THEM WORK FOR THEIR MONEY
Here are samples of INTERROGATORIES and REQUEST FOR DOCUMENTS that you can send to your accusers to find out more about the criminal charges that they are accusing you of. They are required by law to provide you with the requested information.
The reasons for making these requests are twofold.
IF YOU GET A WARNING
Don't worry about the warnings. They are nothing more than an extortionate threat to deprive you of lawful property. If you are confident that you have Legal Tint on your vehicle then politely ask the officer to just issue you a citation.
If you ignore the warning you can expect to receive a citation by mail in the near future. Or you can write to the department that issued the warning, briefly explain why you feel your vehicle is legal (i.e. It has a valid Inspection Sticker and the tinting DOES NOT prevent a person from viewing the inside) and why you feel you cannot be forced to comply with this threat to give up your legal property.
When you receive a citation, it will say what Statute you are being accused of violating. It should say 4524 e 1, since that is the 'sun-screening' Statute. You must return the citation within a certain time and either plead guilty and pay them the money, or plead 'Not Guilty' and request a trial. You can also request a Bill of Particulars at that time or soon thereafter. (see below)
You probably don't stand a chance at the District Justice level. Unless you get an honest, intelligent DJ, you will probably lose. Even a lawyer, witnesses, or evidence won't help you. You might want to consider saving your money for the 'real' Court.
Although you cannot be compelled to testify against yourself, the DJ might start by asking you, "What happened?" At that point you might say something like,
"I was lawfully operating my legally inspected vehicle on such-and-such and date and time in such-and-such a place, when Officer Guidont Kayre instructed me to pull over. Then he accused me of committing a criminal act by operating my vehicle with safety sun-screening which does not permit a person to view the inside, and now I believe he is going to try to prove that allegation, beyond a reasonable doubt."
Even though the State does not meet the required Burden of Proof the DJ may find you guilty. Now you can request a 'Trial de Novo' (New Trial) before a real Judge. You see, the DJ isn't actually a real "Court of Record." You are NOT appealing the decision to an Appeals Court, but instead are entitled to an entirely New Trial in the Court of Common Pleas.
When a citizen is accused of committing a criminal act, he has a right to request information from the State about the accusation to assist him in his defense. See Rules of Criminal Procedure 572. The Commonwealth is required to provide this information to the defendant.
You can send the following requests to the Police Dept. that issued the citation (by certified mail), and a copy to the County Solicitor, the District Attorney, and the District Justice's office.
Dear Sirs,
On such-and-such a date, I was stopped and detained by Officer Guidont Kayre and accused of criminal behavior in violation of Statute 4524 e 1.
Pursuant to PA Rules of Criminal Procedure 304 and 305 "Request for a Bill of Particulars", I respectfully request the Attorney for the Commonwealth to answer the enclosed questions and produce the requested documents for viewing or copying at your office.
This information is requested to assist me in defending myself against this criminal charges brought by the Commonwealth.
_____________________________Your Name (sign)
SEND THESE DOCUMENTS
INTERROGATORIES
REQUEST FOR DOCUMENTS
Depending on the answers you have received in the Interrogatories and Request for Documents, you might want to consider hiring an attorney to represent you.
Show him the information on this site. He might make any of the following arguments.