Legal Memorandum for Legal Representation

Legal Memorandum for Legal Representation

TO: Judge Daphne M. Walker, Senior Partner

Details

Mr. Mann, was stopped on April 30, 2005 for violation of O.C.G.A. § 40-8-73.1. While traveling northbound on Highway 85 in Riverdale, Clayton County, Georgia near to the local Krispy Kreme, Mr. Mann was stopped by Riverdale Police Officer Nail'um N. Jail'um in his 2004 BMW. Mr. Jail'um advised Mr. Mann that his window tinting was too dark and that the window tinting violated O.C.G.A. § 40-8-73.1, which was signed by the Governor on May 2, 2005 (approximately 2 days after the traffic stop). Mr. Mann then advised the officer that the vehicle was purchased nearly one-year prior and that the manufacturer, BMW, placed the window tinting on the car.

Mr. Mann also advised the officer that he had no intention of violating the window tinting law. Officer Jail'um replied that Mr. Mann's ignorance of the new window tinting law did not excuse him and issued Mr. Mann a traffic ticket for violating the new statute, O.C.G.A. § 40-8-73.1.

Issue No. 1:Can Mr. Mann be prosecuted under the new statute?

Answer:

No Mr. Mann cannot be prosecuted.

Discussion:

Mann cannot be prosecuted under the statue because this law regulates matters concerning research, processing, penalties and legal benefits of individuals linked tons to armed groups operating outside the law, as perpetrators or criminal acts committed during and chance of belonging to these groups, who have decided to de- mobilize and contribute decisively to national reconciliation. (Schmalleger, 2008) The Georgia law applies to the tinted rear window on the vehicle but there was no window tinted law when Mr. Mann was stopped. It is true that the officers were not aware of the window tint statue in Georgia has been passed and declared the mistake of the law as opposed to the mistake of the fact. Therefore, they were not justified in stopping the vehicle.

Issue No. 2:Is the Georgia Department of Public Safety in favor of prosecuting individuals under the new statue?

Answer

The Georgia department of public safety is in favor of [prosecuting the individual under the new statue.

Discussion

The legislation makes it misdemeanor to violate the window tint restriction. Any installer who installs the tinting in violation of the section of the guilty of the misdemeanor. It applied to resident and non residents of the state of Georgia, the department provide support for the following (Proffitt, 1994):

There should be no window tinting on the front windshield.

The light transmission must not be less than 32% in either side of the window and in back of the vehicle.

The labels that indicate the tinted window meeting the specification of the state are not required any longer.

Issue No. 3:Does the statute apply to Mr. Mann since his front windshield was not tinted and the other windows in his vehicle have light transmission restrictions of 26%?

Answer

The statue applies.

Discussion

the window being tinted is one of the requirements of the new statue that Mr. Mann did not violate. His other window having the transmission of light was less than 32%, ...