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Ask Legal-Kal Your Own Question
Legal-Kal
Legal-Kal, Attorney
Category: Traffic Law
Satisfied Customers: 584
Experience:  Attorney at Law Offices of Khaled Issa
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I live in Maryland and I have tinted windows. I was stopped

Customer Question

I live in Maryland and I have tinted windows. I was stopped because of my windows. I have a medical reason and a doctors letter to prove it. Can they make remove the tint ?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Legal-Kal replied 1 year ago.

Good afternoon:

My name is ***** ***** I would be happy to provide general information regarding your question.

Now, when you were stopped by law enforcement, did you have in your possession the medical letter with you?

Customer: replied 1 year ago.
No, but when I went to the State police and told them I had a letter he said no it didn't matter.
Expert:  Legal-Kal replied 1 year ago.

Thank you for that information.

Now, the law does indeed provide for an exemption for individuals who have a medical condition. The exact statute is Section 22-406 of the Transportation Code. I have attached a link to that section here: http://law.justia.com/codes/maryland/2010/transportation/title-22/subtitle-4/22-406/

Sub-paragraphs (i)(4)(i) states that: "A person who must be protected from the sun for medical reasons is exempt from the provisions of paragraph (1) of this subsection if the owner has, in the vehicle at the time the vehicle is stopped by a police officer, a written certification that details the owner's medical need for tinted windows, from a physic***** *****censed to practice medicine in the State."

As you can see, the law allows one to avoid a ticket for illegal tints if they provide the letter to the officer at the time of the stop.

That being said, one in your situation may still raise this issue in order to avoid paying the ticket by showing the letter (as long as it is dated as well) to a judge or prosecutor, who may be willing to dismiss the ticket based upon the letter.

Regarding what the State Police said, I am not too sure as to why it said it does not matter. Perhaps they meant to say it was too late to show the letter to avoid getting the ticket (which would be correct under the law). However, one may still be able to avoid paying the ticket by showing the prosecutor or the Court the letter.

As to whether or not the tints can be forcibly removed, based upon the language of the law, it appears that the answer is no as to do so would render the law that provides exemptions to individuals with medical conditions useless.

I hope this has helped. Please let me know if you have any follow up questions based on what I have provided. If so, I would be more than happy to answer them and provide further clarification.

If not, please remember to click ACCEPT and rate my assistance as experts here are not credited for assisting individuals until this occurs. Thanks!

Customer: replied 1 year ago.
I didn't get a ticket. I just got a repair order. The policeman said it had to bee done in ten days. He told me to take the letter to the state police . Which I did . The smart cop told me to get sun glasses. Also I have MVA disability license for over ten years. I just want to know can they make me remove the tint from my car windows.
Expert:  Legal-Kal replied 1 year ago.

I see. I apologize for the confusion.

Nonetheless, based on the provision of law that creates an exemption, it would be unlawful for them to require you to remove the tints from the window as, again, that would defeat the purpose of the statute being enacted.

It appears that law enforcement do not really care about your situation and want to give you a difficult time. However, because the law does provide an exemption, any action on their part to force you to remove the tint would be unlawful on many different grounds.

Ultimately, no requirement to remove the tint is valid based on the law. If they continue in such a demand, it may be prudent to retain an attorney to correspond with the State Police to inform them of the infringement of your rights (or it can be done now if this has been a persistent problem for you).

Customer: replied 1 year ago.
This just happen this week. I just did not know my rights. Okay now do I take the law back to them or do I appeal. What's my next step. I am down to four days for the repair work. WHO,,WHERE,, WANT DO I DO NEXT????
Expert:  Legal-Kal replied 1 year ago.

Did they inform you of any consequences or punishment if you did not get the repairs done?

Expert:  Legal-Kal replied 1 year ago.

Are you able to find the page now?