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Medical needs provide no defense when tinted car windows are too dark
Q. I received a ticket and have a court date for driving my car with tinted windows. The purpose of my tint is due to severe sensitivity to light. At times when I’m driving a vehicle without the tint my eyes tear and close. I can’t keep my eyes open and the pain is unbearable. Can I get a doctors permit? If so, what would it need to specifically state?
A. Unfortunately, the statutes governing tinted car windows (K.S.A. 8-1749a, 8-1749b, and 8-1749c) do not allow for a medical exception. These laws are what is sometimes referred to as strict liability statutes: you have either violated them or you have not. Excuses and explanations are not valid legal defenses.
That does not mean you will automatically have to pay the ticket. The state must prove that you violated the law. In other words, the state will have to prove that your tinted windows let in less than 35 percent of the light hitting the outside of your window. That would require some testing and your question does not give me enough information to know whether the officer who ticketed you conducted any such testing.
If testing was not done, you may be able to argue the state can’t meet its burden of proof. Further, if testing was done, the officer will have to prove that he was qualified to do the testing and that he did it properly. If he can’t prove either of those points, you should be able to win as well.
Finally, the law about tinted windows holds installers liable if they install tinting that is too dark. Indeed, such a violation is a Class C misdemeanor. If you are convicted of having tinted windows that are too dark, you may have a right to sue the person or company who installed the tinting.
You should consult with a qualified attorney to discuss both your defenses to the criminal charge and any civil action you might have against the installer. You might find that one attorney will help you with the criminal issues and another will be required to assist with the civil lawsuit. But in any event, you will best be able to protect your rights if you get competent legal advice.
Not to be trite, but in the future, invest in, and wear, high quality sunglasses. There are no laws limiting driving with sunglasses. And, good glasses will cost far less than tickets and legal fees.
I hope this was helpful.
David J. Brown, Managing Attorney The Law Office of David J. Brown, LC 1040 New Hampshire, Suite 14 Lawrence, Kansas 66044 785-842-0777
Because every legal situation is different, no response or comment in this blog can be considered legal advice to any one person, even the person who posed the original question that prompted a discussion because the answers will be generalized to provide basic information for all readers. Anyone with a real or potential legal problem should seek the advice of a practicing attorney who is educated and experienced in the area of law in question. Use of this blog does not create an attorney-client relationship between the reader and The Law Office of David J. Brown, LC.
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29 September 2009
at 12:25 p.m.
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Multidisciplinary (Anonymous) says…
http://www.democraticunderground.com/…
29 September 2009
at 9:37 p.m.
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Boston_Corbett (Anonymous) says…
I wonder if the Grey Goose gurlfriend is going to engage in some more 3 AM lawyer bashing again?
Did his majesty file his Chapter 7 all by his lonesome self?
Or did the eco arky-tech help him, being all so knowledgeable about that and other legal mattters.
29 September 2009
at 9:50 p.m.
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svenway_park (Anonymous) says…
As much as Mario knows about Ray-Bans, and as much as he knows about cars, surely he has an opinion to share with this guy.
29 September 2009
at 10:03 p.m.
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Newell_Post (Anonymous) says…
When I lived in another state, I had a friend with lupus. Extreme sensitivity to sunlight is a symptom of some kinds of lupus. She had dark-tinted car windows, plus some kind of special window sticker and paperwork from a doctor. That was supposed to be all OK. The window film companies would only apply the dark film if you had the doctor's paperwork. Don't know about the law in Kansas….
29 September 2009
at 10:09 p.m.
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Marion (Marion Lynn) says…
Oh, svenway and Boston; you are soooooo cute as you go by!
29 September 2009
at 10:30 p.m.
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KS (Anonymous) says…
Sunglasses are in order. What are you trying to hide inside the car?
29 September 2009
at 10:36 p.m.
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bearded_gnome (Anonymous) says…
well, uh, maybe in this case somebody with that kinda visual problem *ought not be driving at all?*
29 September 2009
at 11:58 p.m.
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Multidisciplinary (Anonymous) says…
gnome, my bright- super-light baby blues are so sensitive sometimes, and also with the old migraine issue, I've considered getting the tinting myself but I had read about that law so I didn't.
I have larger sunglasses, but they just don't do all of what I need. Sometimes I just suffer. My home is a tomb most of the time for the last 10 years or so, and sometimes I sleep during the day for that reason. Didn't used to be that way.
I used to stay out on the lake most of my childhood. I sometimes wonder if all the sunlight and looking in to the sunset did it, lol. Skin cancer of the eyeballs.
30 September 2009
at 12:01 a.m.
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Multidisciplinary (Anonymous) says…
/ I've got a couple of friends like this..back in school we were the kids that sometimes, our eyes were very very light in the year books. Like Husky eyes, the blue wouldn't come through on the old black and white photography, that's how light blue they are. Yet, piercing and bright in real life.
30 September 2009
at 12:53 a.m.
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bearded_gnome (Anonymous) says…
well Multi,
you're kinda making my point.
if the good strong sunglasses aren't enough, and there's a serious issue about migraines, then driving isn't so safe. people don't have to drive.
30 September 2009
at 1:54 a.m.
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Donnuts (Anonymous) says…
I have a problem staring at a computer screen all day long and not thinking I might go blind from it. Then I could get Patty and all the tigers from Independence Inc. to drive me around.
Good luck dude. I am all for them allowing you it with a doctor's say.
30 September 2009
at 2:17 a.m.
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Marion (Marion Lynn) says…
OEM from the factory on a 6.9?
Whattya do about that, Esquire?
30 September 2009
at 10:56 a.m.
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Boston_Corbett (Anonymous) says…
I see old Grey Goose checked in at 2:17am.
Sounds like Mario did not get the answer he wanted on whether or not this advice blog constitutes advertising.
He was probably too busy counting lawyers falling out of the sky to help his arky-tech buddy.
Such super legal beagles they are.