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Tinted windows

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Comcastlu

Junior Member
I live in Maryland. I will try to be as detailed as possible. Here is the answer to one question i know will be asked. I did not know my license was suspended. I had taken care of the violations in question. The officer informed me that the District court does not communicate with the MVA. Please no flaming on this post. I would like serious advice only as i feel at a loss.

I was driving to work on 11/15/03, from Essex, MD to Silver Spring, MD. I was pulled over at 12:45 pm in Montgomery County, by the county police. There was one female Caucasian officer dressed in what seemed to be a county uniform, and a male African American officer dressed in sweat pants and a sweat shirt. They were driving a marked county vehicle. I inquired as to why I was stop, because I had not broken a traffic law that I knew of, I had come to a complete stop at the stop sign and was not speeding. They told me they pulled me over for having tinted windows. I was cooperative and gave them the info I had at my disposal. Upon running my plates and license they asked me to step out of the vehicle. At this time a second cruiser arrived. I had no outstanding warrants or a prior record. She informed me that my license was suspended, and as she was doing so she started to handcuff me. She informed me that it was an encarcerable offense and that if I was cooperative and respectful as I had been so far she would not take me to jail. She then searched me, as her partner searched my vehicle. I was never mirandised or asked to search my vehicle. The 2 other officers also searched me. I asked why 4 officers were needed, on a tinted window stop and I was told to keep quiet and stop being disrespectful or they would take me to jail. I was told that I looked suspicious and when I questioned how they said that they did not know me from "granny smith" or "John Malvo", and that Ted Bundy was a nice guy, that I may be a threat and that is why I was handcuffed and was being detained. She informed me that Malvo had been pulled over 12 times prior to being arrested. I informed her I was no threat and that I was neither of the named convicts and famous killers and I was simply one block away from work. She then informed me that I would not be driving there that I would have to walk, and said that she would be towing my vehicle also and that I could pick it up in about 30 minutes from the impound lot with proper ID and a valid drivers license. After finding no weapons, drugs, paraphernalia of the sort they asked me to turn over my keys and to go to work, and to take any items I needed from the vehicle. I called my mother to come get the car because it was in her name and I did need someone with a valid license since mine was confiscated. The car was towed and I had to walk to work. I was so emotionally shaken up that I broke down in tears from my odd treatment and the disappointment of my day so far, and my misfortune. I was dismissed to go home from work. I could not work in that state of mind. I contacted the towing company and they said that they were closed and that I could not get my vehicle till maybe Monday. If I called back on Sunday someone may be there to allow me to pick it up. We picked it up around 11 am on Sunday 11/16/03. The car had been vandalized and looted of all valuables. My front console was ripped up, my seat covers were missing, small items were missing, and the head unit to my stereo and sub woofer had been taken. When asked as to what happened they said they did not know and that they were not responsible. I called the Montgomery traffic department to file a claim and there was no one there. They only work on weekdays apparently. Somehow I feel as if I got the raw end of this as I was detained, issued a citation and a court date, had to pay $105 dollars for towing and impoundment, and while impounded on a lot selected by that police department, had my car vandalized and looted. I now have to fix it in order to drive it and I lost easily between $500-$1000 out of the whole ordeal. It was on the lot for less then 24 hrs and when we spoke to a lot supervisor he said that there was a rash of thefts on that lot and that I had to take it up with my insurance. I find it very weird and ironic that a police impound lot that is barriered off in the middle of no where has these issues and has not taken care of it.
My question is this, where my rights violated as I feel they were and is there something wrong with how badly this whole situation wound up?
I do not contest the suspension, i was in the wrong, and should have followed through with the MVA to make sure that i was free and clear. i have had the same tinted windows for 5 years and been pulled over previously for routine speeding tickets daytime and nighttime by county cops and state troopers and never questioned about it within that 5 year span. Iv ehad tinted windows as long as i have owned a vehicle.
The officers also never tested the windows for light transmission. They were polarized tinted windows because im a little sensitive to bright lights and to diminish the heat from the sun. Not for astetics like most people have them for. They also allow for near perfect visibilty when approaching my vehicle from the point that an officer does, that im sure of. also my Vehicle is a 1999 chevy tracker. the rear windows were not tinted, just driverside and passenger side and a small strip across the top of the windsheild. I hope that is sufficient info. I apologize if it was too long.
 
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JETX

Senior Member
This is really pretty simple. So, lets take your claims one at a time:
1) "They told me they pulled me over for having tinted windows."
*** Your post provides NOTHING to show whether they are illegal tint or not. So, if they are, the stop was valid.

2) "She informed me that my license was suspended, and as she was doing so she started to handcuff me."
*** Driving with suspended license is sufficient for them to detain and cite you. Presumably, from the rest of your post, you were handcuffed during your 'detention' for the protection of the officers, which is also no unacceptable. You were not arrested.

3) "I was never mirandised"
*** There is no requirement for you to be 'Mirandized' unless they were interrogating you to obtain information that could have led to your being charged with 'non-obvious' crime(s). The assumption that Miranda is required in ALL detentions and arrests is too much television.

4) "or asked to search my vehicle".
*** Once the decision was made to have your vehicle towed, it was subject to a search. Granted, a search by four officers may be excessive, but not illegal.

5) "The car had been vandalized and looted of all valuables."
*** You very likely have a cause of action against the storage facility and/or towing company over the damage that was done once the vehicle was in their custody and control. I would suggest you contact your insurance company and/or consider filing a small claim action against them.
 

Comcastlu

Junior Member
Thank you, another local attorny also made me aware of these same points he said to focus on why my license was suspended and the municipalities responsibilty during the impoundment.
 

lwpat

Senior Member
Just because you have taken care of the violations with the court does not mean that any suspension has been lifted. It is your responsibility to see that the court forwards the correct paperwork to the DMV and then you have to pay a fee to have your license reinstated.

A lot of people assume that once they pay the ticket then their license is no longer suspended. Wrong.

The fact that your license was suspended gave the officers the right to have your car towed. Once that happens the search is legal. Actually you are lucky that you did not end up in jail.

"something wrong with how badly this whole situation wound up?"

Yes, but you were the one who did not properly take care of the traffic tickets.
 

Comcastlu

Junior Member
Update

Ok here is an update as to where i am with this. I am now looking at an MVa clerical error. I went and pulled my driving records because i could not for the life of me think of any ticket or tickets that i may have recieved that would have caused an accumulation of 7 pts to have my license suspended. I know i got a speeding ticket in may this year but that was the first in 3 years. Come to find out there as a 5 pt ticket on my license for 1/26/2002. Exceeding the spee limit by 30+ mph. Now im sure this is something that i definitely would have remembered. Then it dawned on me that i applied for a Federal field agent position last year and during the back ground check i had to buy a certified copy of my driving record back to when i was 16. So my record certified by the state of marylands MVA, states that as of 1/30/2003 there were "0" points on my license and nothing three years back let alone a year prior. Also im pretty sure that would have been an imediate disqualification for the position i applied for. So now im curious as to how i get that rectified and who do i have to blame for all this monetary loss i have experience..not to mention the sheer shame that i have recieved.
 

Comcastlu

Junior Member
The impound fiasco:

Well the impound lot would not allow me to pick up the vehicle even though the officer stated that i would be able to they said not until the next day. So i pick it up the next morning les then 15 hrs after it has been impounded and it has been striped clean of all things in the interior and the front console has been ripped out. Now on the impound reciept it says that they are not responsible for damage or stolen items while in there possession. Who can i hold responsible for this? Now that im out another $1000 in repairs and stolen equipment. and on top of that its undriveable till its fixed.
 
W

WISHIN

Guest
DISCLAIMER

Check with a local lawyer. The disclaimer may not absolve them of responsibility in your state.
 

lwpat

Senior Member
Wishin is correct. Just because they have a statement on the receipt does not mean that they are not liable. A court is the one that determines liability and the amount.

I would send them a letter CRRR demanding payment. Be sure to take pictures of the damage and also get at least two estimates on the repairs. If they refuse then file in small claims.
 

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