Q: I drive a Nissan Altima that has 20% tint on the side and rear windows (5 windows). I have a physician’s prescription for having the tint. I was pulled over last year for it and the trooper said he put it in the system so I shouldn’t have a problem with it again. No ticket was issued. I was admitted to the hospital three weeks ago and my husband was driving my car home. He was pulled over by a cop on a motorcycle and given a tint ticket. My husband showed proof that the car was registered and insured in my name and showed my current physician note. The cop said "it was illegal for him to be driving my car". So I want to double check- even though the car is legal for me to drive, my husband cant drive it, even in a desperate situation like this? He is going to the court date for this ticket- is he wasting his time or is this a good reason? My car has to be legal for my husband to drive because were married, and sometimes we need to drive each others cars. So I took my car in to get the tint riped off and to put the 50% legal tint on (thinking maybe this was a happy medium for both of us- I still get protection from the sun and its legal for him to drive; however they just called me a said there is a slight manufacturing tint in the windows so with the 50% tint, my windows are actually reading closer to 40%. Is this going to be a problem? If I carry proof that the tint is 50% will it be OK? Can you help? Any suggestions?
There are other options about the charge against your husband, but first, let me say that effective August 1st this year, there are alot tighter restrictions on window tint prescriptions. You should go back in and have yours renewed under the new guidelines. To be valid, the tint prescriptions have to have an expiration date on them, of less that 2 years, and renewed within that time period. The prescription has to have the amount of required light transmittance listed on it, and the vehicle windows better measure within that amount.
As for the charges against your husband, he has the option of pleading guilty, or pleading not guilty and going to court, or pleading guilty with explanation, or contacting the prosecutor for a plea bargain. The law was not intended to create a hardship, but I can see why the officer wrote the ticket. The officer was probably thinking that a judge could sort it out in court. I think that he has a chance in court, but I recommend contacting the prosecutor first and see where they stand at this time on this. They don’t like losing in court, and in my opinion, I can see a judge being lenient toward your husband in this case.
I can’t second guess another officer or what they did in a case, but the officer must have simply not believed your husband. The law was not meant to stop anyone else from driving the vehicle, and if the prescription was in the vehicle, that should have probably been an "A" for effort and a warning. Good, luck and thanks for asking!
Sgt. Curt S. Mowers
Public Information Office
MN State Patrol