How Much Is The Fine For Tinted Windows

Vehicle Code 26708 is the California statute that makes it illegal for a person to engage in "window tinting." This means either placing a material or object:

• directly in the windshield of a car, or its side or rear window; or,
• anywhere else in the car if it obstructs the driver's view.

Examples of illegal acts under VC 26708 include:

• Monique affixes window tint to the windshield of her Honda Accord.
• Albert displays a large sign on his dashboard, and information technology obstructs his view through the windshield.
• Pablo applies a special coating onto his van's rear window that effectively makes information technology impossible to see out of.

Defenses

Luckily, there are several legal defenses that a person tin enhance if accused of window tinting. These include showing that:

• an object or material did not obstruct a commuter'south view,
• there was an exemption under VC 26708, and
• there was no probable cause to stop or arrest the driver.

Penalties

Two things can happen if a person violates Vehicle Code 26708. The start is that he may get assessed a fine of $25.00 and ordered to remove any window tinting.

The 2d is that the person may get charged with an infraction (as opposed to a misdemeanor or felony) and that person must, resultingly, pay a fine of $197.00.

Our California motorcar accident attorneys volition highlight the following in this article:

• 1. What is the legal definition of window tinting?
• ii. Are there legal defenses to VC 26708 violations?
  • ii.1. No obstacle
  • ii.two. Exemption
  • 2.3. No probable cause
• 3. Penalties, punishment, and sentencing
• 4. Related laws
  • four.1. Altering, changing, or destroying a VIN – VC 10750
  • four.2. Failure to indicate – VC 22108
  • iv.three. Tailgating – VC 21703

Vehicle Code 26708 is the California statute that makes it a law-breaking for a person to engage in "window tinting."

1. What is the legal definition of window tinting?

Vehicle Code 26708 is the California statute that makes information technology a crime for a person to engage in "window tinting." Under VC 26708, a person is guilty of an offense if he places an object or material:

• directly in the windshield of a car, or its side or rear window; or,
• anywhere else in the automobile if it obstructs the driver'due south view through the windshield or side windows.¹

2. Legal Defenses

A person can try to claiming a VC 26708 allegation past raising a legal defence force. A legal defence force may work to reduce or dismiss a charge.

Iii common defenses to Vehicle Lawmaking 26708 charges include:

1. no obstacle;
2. exemption; and/or,
3. no likely crusade.

2.1 No obstacle

Please remember that a person is only guilty nether VC 26708(a)(2) if he places an object in or upon a vehicle and it obstructs the driver's view. This means information technology is always a valid defence for an accused to show that while he may have put an object or material on or inside a machine, it in no way obstructed the driver's view (e.one thousand., perchance he hung a graduation tassel on a rear-view mirror).

2.2 Exemption

At that place are certain situations exempted from criminal liability under VC 26708(b). Some of these include:

• hanging items from the side windows to the rear of the commuter, and
• attaching sure sun screening devices to the side windows of a vehicle.

If a defendant can show that his acts fit into 1 of these exemptions, so he has a clear defence force to whatever VC 26708 violation accusation.

two.3 No probable cause

The Fourth Amendment to the U.S. Constitution says that police force must take likely cause before they can detain or arrest a suspect of a crime.

If a person was stopped or arrested for violating VC 26708, and there was no likely cause, then whatsoever testify obtained following the improper cease/arrest could get excluded from the case. This exclusion could result in the dismissal or reduction in charges.

A violation of this law tin can outcome in a fine

three. Penalties, penalization, and sentencing

2 things can happen if a person violates Vehicle Code 26708. The commencement is that he may get assessed a fine of $25.00 and ordered to remove any window tinting.ⁱⁱ

Or, the second is that the person may get charged with an infraction and that person must, resultingly, pay a fine of $197.00.ⁱⁱⁱ

Please notation that no points will exist assessed to a person's DMV driving record upon a Vehicle Code 26708 violation.

4. Related offenses

There are 3 laws related to tinting windows in California. These are:

1. altering, changing, or destroying a VIN – VC 10750;
2. failure to bespeak -VC 22108; and,
3. tailgating – VC 21703.

4.1 Altering, changing, or destroying a VIN – VC 10750

California Vehicle Code 10750 VC is the California statute that makes it a crime for a person to intentionally alter, alter or destroy a vehicle identification number (VIN).

The crime of altering or changing a VIN is charged as a California misdemeanor. As such, it is punishable by:

• upwardly to ane year in county jail; and/or,
• a fine of upward to $ane,000.^four

4.2 Failure to signal -VC 22108

According to California Vehicle Code 22108 VC, drivers must point before turning or irresolute lanes.

Under VC 22108, motorists must give a indicate at least 100 feet before they plough or modify lanes.^v

A driver that violates Vehicle Code 22108 must pay a fine of $238.00.⁶

A motorist that does non indicate also receives one point on his DMV driving record. A driver risks getting a negligent operator license intermission if he receives 4 points in 12 months, 6 points in 24 months or 8 points in 36 months.

4.3 Tailgating – VC 21703

California Vehicle Lawmaking 21703 VC states that drivers in California cannot follow vehicles too closely.

Drivers are tailgating if they are following more than closely than what is reasonable and prudent. The decision of what is, or is non, reasonable and prudent depends on all the circumstances of a given instance.^vii

The fine for violating Vehicle Code 21703 is $238. A driver that tailgates will also receive one signal on his DMV record.⁸

---

Legal References:

Source: https://www.shouselaw.com/ca/defense/vehicle-code/26708/

Posted by: clementexquided.blogspot.com

Share this post