I have a friend that lives in Utah. While driving his company's vehicle...he was stopped by the police and given a ticket for windows that were considered "too dark". Thinking his boss would handle the ticket, he gave it to him. Sometime shortly after, he was involved in a hit and run accident caused by a wreckless driver. He suffered many injuries and was hospitalized for recovery. To make matters worse, his same boss let him go while he was still in therapy a few weeks later. Two months later...while driving his own vehicle...police stop my friend for slight speeding...then Arrest him, handcuff him with feet restrains no less and jail him...all for not paying the ticket for tinted windows!! His boss never handled the ticket...Now, three months later, my friend discovers in court today that he is being given a felony charge for driving his company's vehicle that had tinted windows. Can anyone spell weird?? This reiks with all manner of foulplay...yet, it's true. Help Anyone!!!
2007-05-08 11:49:48 · 14 answers · asked by Rosario 1 in Politics & Government ➔ Law Enforcement & Police
Your friend needs a lawyer. If he can't afford one, the court will provide him one. The judge doesn't decide what charges to file, the police and district attorney do. He needs a lawyer. Sounds like he should also retain a lawyer to sue his former employer. He will need a separate lawyer for that.
2007-05-08 11:55:29 · answer #1 · answered by lcmcpa 7 · 2⤊ 3⤋
Getting a ticket is not a felony and it is not your employers
responsibility to take care of a ticket, that is the drivers
responsibility, the employer is responsible for fixing the
problem on the car.
Your friend will be charged for FTA (Failure to Appear)
and was arrested because of an outstanding warrant issued
to that effect.
By the way, the Judge makes the determination of legality
and it is not the judge that makes the charge, that is made
by the District Attorney on advice from the police department
Something does not smell right here, rarely are you charged
with a felony for an FTA resulting from an infraction, are
you certain that your friend was not also arrested for DUI
of possession (marijuana)
He needs a good lawyer.
2007-05-08 12:04:48 · answer #2 · answered by justgetitright 7 · 0⤊ 0⤋
Rosario...Rosario. Can you make up a better story next time. Driving a vehicle with tinted windows is "NOT" a felony anywhere, anytime. If he was driving he's responsible unless the the officer used the federal D.O.T. statute which would be an equipment violation that would go to the vehicles owner. If the ticket has his name on it then he was charged plain and simple! If he was subsequently arrested it was because he failed to appear in court for his tinted window summons. If they restrained his feet when the arrested him on the street that means he was being a jerk and attempted to kick a cop. Bottom line is if your telling a tall tail it's not a very good one!
2016-04-01 02:59:11 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I think your friend may have given you a false story. A traffic violation won't turn into a felony unless if you intentionally use your vehicle to kill someone.
I never heard of someone getting a felony charge simply because they had a find and neglected to pay it. Your friend is most likely making up the story and willfully "forgetting" to tell you some other key facts (i.e., look I was driving the car with drugs in it! Or, I stole my bosses vehicle!)
If I were you I'd request the court records to see exactly what the truth is.
2007-05-08 11:57:38 · answer #4 · answered by Anonymous · 1⤊ 1⤋
I'm pretty sure that too dark tint would be a violation, not even a misdemeanor. Of course local laws differ everywhere. My advice would be for him to tell the prosecuting attorney that since he's being charged with a felony, he would like to exercise his right to a jury trial. See how fast it goes away after that. Something doesn't sound right. Even driving on suspended is not a felony. They probably suspended his license for not paying the ticket. Best thing to do is consult an attorney.
2007-05-08 12:00:16 · answer #5 · answered by srt_4everyone 2 · 0⤊ 2⤋
Tinted windows are NOT a felony in any part of the US ! That's non-sense ! They don't use "feet restrains" without a reason ! If your friend was wrongly let go, he can sue the employer for "wrongful discharge". Sorry, your story is leaving out some of the facts...
2007-05-08 12:01:45 · answer #6 · answered by Vinegar Taster 7 · 0⤊ 1⤋
well,here goes. first- a judge doesnt charge anyone with anything,he presides over the trial. second-when you recieve a ticket for anything you are responsible for it. third-the hit and run has nothing to do with the tinted windows,thats just bad luck. fourth-the police did not do that to him for slight speed,there is much more to it than that.-and finally he did not recieve a felony for tinted windows. give me a break! i think your friend is blowing some smoke.
2007-05-08 11:58:27 · answer #7 · answered by '' GUV '' 3 · 2⤊ 0⤋
Its probably a felony for a accident without a license, as I bet they suspended his license for not appearing in court, then when he got pulled over still with no license, he got nailed. First step is hire a lawyer and go after the former employer, as the courts won't care who was "supposed" to take care of the ticket, next get a report of his license status from the DMV, and talk to the prosecutor's office
2007-05-08 11:59:04 · answer #8 · answered by Dave O 2 · 0⤊ 2⤋
I agree with IvAn D, he definitely has a very good case against his former employer even though some states lagislature doesnt allow it.
As far as being hand and leg cuffed, I dont understand! If there are any witnesses, he may even have acase against the police..
One thing though is your friend honestly a victim, and why?
2007-05-08 12:04:25 · answer #9 · answered by Dragon'sFire 6 · 0⤊ 1⤋
Your responsible for the vehicle you are driving. If it's unsafe or illegal that's your responsibility as a driver.
2007-05-08 11:57:43 · answer #10 · answered by Classic96 4 · 1⤊ 0⤋