Quick Question.

[doublehelixpro]

I had posted this in my local forum, but it doesn't seem like there is anyone that actually posts in there as there was only one other post from a year ago, just stating that they were the first post. Anyhow, I'm in Maine.


Ok, so last night, my girlfriend needed a ride home because she was too tired to drive, and she had driven her car to my house. So I had to drive her car and have my brother follow us in my car. Now, I haven't been driving my car unless absolutely necessary, because the inspection is up, and I'm waiting for the one part I need to get it to pass to show up in the mail. So, he got pulled over, and apparently, I'm getting the ticket, which I would rather than he get it mind you, but I'm getting charged with driving a defective vehicle...and now if I so much as leave my driveway, the car will be impounded and I will be arrested... the only reason it wont pass inspection is my window switch died, so I cant roll down my window.

I guess my question is, can he give me a ticket for operating a defective vehicle if I wasn't even in the car? And can they seriously arrest me because my car is apparently defective because my window switch died?
Edit/Delete Message

[txinvestigator1]

What state? I find it difficlt to believe that ANY state has window switches as part of the inspection.

You cannot be charged for doing anything while operating a vehicle if you were not operating it.

I doubt you will be arrested of you leave your driveway.

[doublehelixpro]

I am in Maine, and I honestly thought the garage that failed me for it was joking at first, but I read through the inspection manual, and it is in fact a reason for rejection. But, he also specifically said, if HE sees the car on the road again, hes pulling it over, impounding it, and arresting whoever is driving it if they are over 18. I'm just trying to figure out if I should be contesting the ticket because I wasn't even in the car...Or if it's even legal for him to do that?

[retdetsgt]

Whether you or the driver get the ticket, I have no idea. But he can impound the car, yes.

Take the ticket to court and see what the judge says.

[Curt581]

Let me get this straight... you're getting a ticket that claim you'd rather be getting instead of your brother... but now you want to know if you can use that as a defense since you weren't driving?

Yeah, I'd say you can. Go to court and claim the citation was written in error. The judge will promptly order it dismissed and order a corrected citation to be issued to the person who was actually driving.

What... you thought having the first ticket dismissed would be the end of it?

[doublehelixpro]

If one of us is going to have to pay it, I would rather it be me, because he was doing me a favor....I'm just mainly curious as to how he can issue a ticket for someone not in the vehicle? If he were going to ticket anyone, wouldn't it be the person driving? And, I know they could impound it, but the switch will be here Monday anyhow, so the inspection will be renewed.

[PapaBear]

Here is what the Maine Inspection Manual addresses concerning windows. I did not see anything about the mechanical operation for windows; just hardware and operation of doors, hood latches, safety mechanisms. You may do your own research by clicking on the link at the bottom of my post.

Perhaps you have tinting on your windows that does not comply.

7. VEHICLE GLAZING
A. General Inspection;

(1) Inspect all glazing on the vehicle to ensure that all glazing is
marked by a manufacturer’s trademark and the words “American Standard’’ or the letters “AS” followed by a number indicating the position in the vehicle where that glass may be used. AS1 glass must be used in the windshield. AS1
or AS2 glass may be used in the side and rear windows.
16222 Chapter 1 Section 170 page 11

NOTE: Reference: The American Standard Safety Code Z26.1 1969
“Safety Glazing Materials for Glazing Motor Vehicles Operating on Land
Highways.”

(2) Reject vehicle if it is not equipped with approved safety glass wherever glass is used in doors, windows, and windshields, if the vehicle was manufactured after December 31, 1937.

(3) Reject vehicle if any replacement of a glass partition, door, window or windshield on any vehicle is not made with safety glass.

(4) Reject vehicle if any glass has been removed in instances in which the vehicle was originally manufactured with a glass windshield or glass windows.

(5) Reject vehicle if cloudiness extends more than 1 inch from the top or sides or more than 4 inches from the bottom edge of the windshield.

(6) Reject vehicle if cloudiness on a divided windshield extends more than ½ inch on either side of the divider strip.

(7) Reject vehicle if, in the critical vision area of the windshield, there are any unrepaired bull’s eye fractures, star fractures, stone bruises, cracks or chips that measure more than ½ inch at the extreme edges.

(8) Reject vehicle if there is any crack more than 4 inches long in
the windshield.

(9) Reject vehicle if there is a windshield wiper scratch, mar or marks more than 4 inches long and 1/8 inch wide on the windshield.

(10) Reject vehicle if it was originally equipped with a windshield by the manufacturer, and it does not have a windshield.

(11) Reject vehicle if any window has cloudiness or a defect that would constitute an obstruction to the driver’s vision.

(12) Reject vehicle if either the left or right front window mechanism is not in working order.

(13) Reject vehicle if any glass is broken or shattered so as to obstruct the vision of the operator or endanger the occupants of the vehicle.

B. Glazing Repairs

(1) Reject vehicle if repairs made to a windshield impair the vision in the critical vision area.
16222 Chapter 1 Section 170 page 12

(2) Reject vehicle if repairs to the windshield are not clear, are not refracting light in the same manner as the windshield, or are not free of cosmetic blemishes that extend more than ½ inch.

NOTE: Cosmetic blemishes are visible dirt, visible air bubbles that
appear as silver or black spots, visible cracks with a discernible
thickness and that appear as a black or silver lines, or cloudiness of
the laminate.

(3) Reject vehicle if there are any repaired cracks in the windshield that have the appearance of being unrepaired, unless such cracks are in an area of the windshield where cloudiness is permitted.

C. Window Tinting, Treatments, or Coverings

(1) Reject vehicle if there are any items, other than items allowed by statute, hanging in or on the windshield, front side windows or rear window that obstruct or obscure the driver’s view.

(2) Reject vehicle if any window is composed of, covered with or treated with any reflective material.

(3) Reject vehicle if the windshield has any tint that is not part of a factory installed original equipment windshield installed in accordance with FMVSS §205. A tinted sunshield strip that extends no more than 4 inches from the top of the windshield is permissible.

(4) Reject vehicle if the vehicle has tinted windows and the owner of the vehicle cannot provide the Inspection Technician with a certificate of compliance approved by the Bureau of the Maine State Police that states that the vehicle meets the standards set forth by Maine law and this Chapter for light transmittance.

(a) Any window tinting treatment or covering must be removed if it fails to meet the inspection standard.

(b) Multipurpose vehicles such as sport utility vehicles, pickup trucks, and vans equipped with tinted glass on the rear side windows and rear window are exempt from this requirement.

http://www.maine.gov/dps/msp/license...n%20Manual.pdf

[mythoss]

Some statutes state "Operate or allowed to be operated..." That's one way you could get the ticket instead of him. I'm not 100% since I'm not in ME, but it's a possibility.

[Creeker]

I've often wondered how stop light or speed cameras were able to send the owner of a vehicle the automatically generated ticket, myself.

[doublehelixpro]

well, i do have tinting on my windows, but only in the rear, as per state requirements, and well within the state requirements as far as how dark it is, he at first thought the fronts were tinted, and then my brother corrected him.

here is what i read in the inspection manual, which is the same as what you posted,

(12) Reject vehicle if either the left or right front window mechanism is not in working order.

so my assumption is the window does not operate therefor that was why it was deemed defective?