New Tint Law?

[iplaybass]

i have a dr note because my son is allergic to sunlight ... i have 5 over 5 % ... i get stopped 1 day ..... so i have to sit while the leo runs me ..... its just bs.... when i looked in to it the only leo that could have it was a detective on stake out... but its been a while so please post the law that says leo can have it

 

[Nolacopusmc]

Okay... I have to poke my head in and ask how does a LEO take a prescription as evidence when it's not considered confiscation?

Not debating the rightness or wrong of this, I'm just curious how. What is the technical difference between the two?

'Cause... honest to god I'm not trying to start anything or be a smartass, but if that's the case the only difference is the term you're using. At the end of the stop, you have the prescription, the driver doesn't. Does confiscation mean you call it in and the person is not allowed to get another prescript, or does collecting it for evidence mean the original is returned as soon as you photocopy it?


Either way, I agree, just because something is written on a prescription pad does not make it a prescription. I had one from my Ortho that literally says "Run Wild", nothing else which is the name of a local athletic store.

We are probably arguing semantics here, but collecting as evidence would be justified if accompanied with a citation or charge for a crime.

COnfiscation, less formally, would be just taking it, like fireworks from kids instead of writing the citation.


Honestly, they are the same thing as long as it is in connection with the prosecution of a crime.

 

[charlie12]

I know someone that owns a school. She has a pretty strick dress policy and one of her kids wanted to wear shorts to school.
He came with a Dr. excuse so she called the Dr. and the nurse told he didn't have a problem they just wanted a note so he could wear shorts.

What the hell with that?

 

[Nolacopusmc]

i have a dr note because my son is allergic to sunlight ... i have 5 over 5 % ... i get stopped 1 day ..... so i have to sit while the leo runs me ..... its just bs.... when i looked in to it the only leo that could have it was a detective on stake out... but its been a while so please post the law that says leo can have it

What?


You get the paper from LSP approved. You keep it in your car. No paper=ticket.

There is nothing to run.

 

[charlie12]

i have a dr note because my son is allergic to sunlight ... i have 5 over 5 % ... i get stopped 1 day ..... so i have to sit while the leo runs me ..... its just bs.... when i looked in to it the only leo that could have it was a detective on stake out... but its been a while so please post the law that says leo can have it

We're talking about Louisiana Law what is your Law in Mississippi?

 

[charlie12]

What?


You get the paper from LSP approved. You keep it in your car. No paper=ticket.

There is nothing to run.

He's in MISSISSIPPI

 

[Nolacopusmc]

§361.2. Medical exemption

A.(1) The provisions of R.S. 32:361.1 do not apply to a motor vehicle registered in this state where the registered owner, spouse or family member operating or authorized to operate the motor vehicle has an affidavit signed by an optometrist or physician, including but not limited to an ophthalmologist or dermatologist licensed to practice in this state stating that such person has a physical or medical condition involving the effects of the sun that makes it necessary to equip the motor vehicle with sun screening material which would be of a light transmission or luminous reflectance in violation of R.S. 32:361.1. A copy of the affidavit shall be kept in the motor vehicle at all times.

(2)(a) Any medical exemption granted shall be due to a diagnosed condition made only by an optometrist or physician, including but not limited to an ophthalmologist or dermatologist licensed to practice in this state, and such condition shall be verifiable in the American Medical Association Journal as a recognized condition that would warrant an exemption pursuant to this Section.

(b) The secretary or his designated representative shall conduct a case-by-case review of grants and denials and shall make such changes as he deems necessary based on evidence presented to him by a person seeking an exemption.

(c) Any exemption granted under the provisions of this Section shall be subject to review every three years unless deemed otherwise by the department.

(d) Persons convicted of violent crimes or drug offenses shall not be eligible for a medical exemption. At the time of applying for the exemption, the applicant shall provide written consent on a form approved by the Louisiana Bureau of Criminal Identification and Information authorizing the bureau to release any information contained in the applicant's criminal history record and identification files to the office of state police for verification that the applicant has not been convicted of a violent crime or drug offense.

(e) Any exemption issued shall be subject to administrative review and possible cancellation as a result of a documented event involving a threat to police officer safety.

B.(1) The affidavit shall include a description of the vehicle and shall be in the possession of the person so afflicted, or the person's legal representative, at all times while being transported in the motor vehicle or be kept within the described vehicle.

(2) If a vehicle is traded or sold that is covered by an exemption, then the person accepting the vehicle to be transferred shall be responsible for removing the tint, unless the new owner has applied for and received an exemption.

C. Any medical exemption issued prior to January 1, 2005 shall expire one year from the date of issuance.

D. Any exemption granted pursuant to this Section shall not apply to the area below the top six inches of a motor vehicle windshield.

Acts 1983, No. 158, §1; Acts 1993, No. 519, §1; Acts 2004, No. 463, §1, eff. Jan. 1, 2005; Acts 2005, No. 238, §2; Acts 2008, No. 91, §1.



§361.3. Security exemption

A. The provisions of R.S. 32:361.1 shall not apply to any motor vehicle registered in this state when the operator of the vehicle possesses an affidavit on a form issued by the Department of Public Safety and Corrections stating that valid security reasons exist which make it necessary to equip the motor vehicle with sun screening material which would be of a light transmission or luminous reflectance in violation of R.S. 32:361.1. The affidavit shall include a description of the vehicle and be kept within the described vehicle. Additionally, at the time of applying for the exemption, the applicant shall provide written consent on a form approved by the Louisiana Bureau of Criminal Identification and Information authorizing the bureau to release any information contained in the applicant's criminal history record and identification files to the office of state police for verification that the applicant has not been convicted of a violent crime or drug offense. The department shall adopt rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section.

B. Any vehicle owned, leased, operated, or otherwise controlled by a governmental or law enforcement agency to conduct official business shall qualify for the security exemption provided for in this Section without the necessity of applying for the exemption or providing written consent for release of criminal history record and identification files for the operator of such vehicle.

C. Any exemption granted pursuant to this Section shall not apply to the area below the top six inches of a motor vehicle windshield.

Acts 1993, No. 519, §1; Acts 2005, No. 238, §2; Acts 2008, No. 91, §1.



What is interesting is part C. Hmmmmmmm

 

[Cat]

We are probably arguing semantics here, but collecting as evidence would be justified if accompanied with a citation or charge for a crime.

COnfiscation, less formally, would be just taking it, like fireworks from kids instead of writing the citation.


Honestly, they are the same thing as long as it is in connection with the prosecution of a crime.

Ah, okay. Thanks Nola!

 

[iplaybass]

He's in MISSISSIPPI

but im getting stopped in marrero and terry town and slidell every flippin day ...

 

[Nolacopusmc]

but im getting stopped in marrero and terry town and slidell every flippin day ...

That is because you are breaking a law with an exemption. You will continue to be stopped. Also, depending oin what kind of car you drive, and where you drive it, you may be being profiled, which by the way is completely legal and a well used tool as long as it is not purely based on race.

You are doing something that is illegal. The only way for the LEO to know you are exempted is to stop you.

Hell, if you are in Metairie, I am sure I will sooner or later or even Marrero or Terrytown. LOL

 

[iplaybass]

That is because you are breaking a law with an exemption. LOL

no im exempt from the law. im not breaking anything

 

[charlie12]

That is because you are breaking a law with an exemption. You will continue to be stopped. Also, depending oin what kind of car you drive, and where you drive it, you may be being profiled, which by the way is completely legal and a well used tool as long as it is not purely based on race.

You are doing something that is illegal. The only way for the LEO to know you are exempted is to stop you.

Hell, if you are in Metairie, I am sure I will sooner or later or even Marrero or Terrytown. LOL

Now don't take his gun apart.

 

[charlie12]

no im exempt from the law. im not breaking anything

But they don't know that until they stop you.

 

[Nolacopusmc]

no im exempt from the law. im not breaking anything

no, you are breaking the law with an exemption.

Just like if you kill someone in self-defense, it is homicide, BUT it is with justification.

 

[Gumbo]

Also, depending oin what kind of car you drive, and where you drive it, you may be being profiled, which by the way is completely legal and a well used tool as long as it is not purely based on race.

So it's not the color of their skin, it's the candy apple paint job and the 24" rims?

 

[Nolacopusmc]

So it's not the color of their skin, it's the candy apple paint job and the 24" rims?

werd

 

[charlie12]

So if one member of a famiy can get a tint excuse every car in the family can have tint. Even it the other person never rides in the car.

I have a friend with a handicap child, they have handicap plates on everything I went to Walmart with her one night and she was going to park in the handicap space(child was not with us). I asked her what she was doing. She said she had a handicap plate. I told her she wasn't parking there with me, that was for people that need it.

 

[Nolacopusmc]

So if one member of a famiy can get a tint excuse every car in the family can have tint. Even it the other person never rides in the car.

I have a friend with a handicap child, they have handicap plates on everything I went to Walmart with her one night and she was going to park in the handicap space(child was not with us). I asked her what she was doing. She said she had a handicap plate. I told her she wasn't parking there with me, that was for people that need it.

No, you have to get one for each vehicle, they affadavit is vehicle specific, but everyone who drives it would be covered as long as the registered owner is named on the medical waiver and the waiver is in the vehicle.


Handicap plates, must have the individual who also has a seprate handicap ID in the vehicle. If you borrow a handicap plated car, you cannot park in handicap and can receive a citation if you cannot produce a handicap permit ID. I have written plenty of those.

 

[charlie12]

Handicap parking is one of my deals too. I would never park in one and I think anyone with a handicap family member that doesn't have the handicaped person in the car and parks in a HC spot should have to pay triple the fine.

 

[W1nds0rF0x]

Handicap parking is one of my deals too. I would never park in one and I think anyone with a handicap family member that doesn't have the handicaped person in the car and parks in a HC spot should have to pay triple the fine.

That's a peeve of mine to, as I limp out to the end of the Wal-Mart lot when I have a bad day with my knee and I see some jack-leg younger than me hop out of his car in the handicapped spot and and bebop up to the store.