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Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19773
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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Hello,Today I was parked and a cop decided to give me a

Customer Question

Hello, Today I was parked and a cop decided to give me a ticket for having window tints, although the limit in "Chicago" states 35%. My tints are 35% all around so how can I fight this ticket, since it is within it's legal limits? Violation code is 9-76-220.Thanks.

Submitted: 3 years ago.
Category: Legal
Expert:  Marsha411JD replied 3 years ago.

Hello,

Thank you for the information and your question. I think there might be some confusion over what the Chicago Ordinance says and what "Illinois" law says. Illinois law allows for tinting of up to 35%. However, the Chicago ordinance says no tinting at all on certain windows. So, if you were ticketed in Chicago, then that ordinance controls and you would not have a legal basis for a defense.

You can see a court case that discusses this specific issue in terms of the legality of the ordinance in light of State law by going to: http://www.state.il.us/court/R23_Orders/AppellateCourt/2012/1stDistrict/1111284_R23.pdf

The language of the ordinance is contained in that court ruling.

Please let me know if you need any clarification. I would be glad to try to assist you further if I can.

Customer: replied 3 years ago.

Okay, so do you know what windows cannot have window tinting?


 


Chicago cannot enforce violations coded 09-76-220(b) as it pertains to equipment, of which Chicago does not have Home Rule jurisdiction. IL motor vehicle code allows certain combinations of tint including front tint and cannot be overriden by home rule in accordance to the IL Municipal Code (65 ILCS 5/1-2.1-2).


 


Is this valid? If true, and I can prove I am within my legal limits, I should be okay, right?


 


Also, that link you provided is not working.

Expert:  Marsha411JD replied 3 years ago.
Hello again and thank you for your reply. I just tried the link and it worked. You will want to copy it and paste it in a new browser page. Again it is:
http://www.state.il.us/court/R23_Orders/AppellateCourt/2012/1stDistrict/1111284_R23.pdf

Unfortunately, if you read the case I provided, the court rejects the home rule argument in this case. So, it is very doubtful that your court will overturn a previous court ruling that is on point. The windows that are restricted are the front windshield, side wings (which don't exist in new cars these days, and side windows that are immediately adjacent to either side of the driver seat. So, that would only allow for back side windows and rear window that could be tinted.
Expert:  Marsha411JD replied 3 years ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 8th. The Site has been a little buggy lately so the Experts are not always getting replies or ratings that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.