How Much Is A Ticket For Tinted Windows

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

• directly in the windshield of a car, or its side or rear window; or,
• anywhere else in the automobile if it obstructs the driver'southward 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 it obstructs his view through the windshield.
• Pablo applies a special coating onto his van's rear window that finer makes information technology impossible to meet out of.

Defenses

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

• an object or material did not obstruct a driver's view,
• at that place was an exemption nether VC 26708, and
• there was no probable cause to stop or arrest the driver.

Penalties

Ii things tin happen if a person violates Vehicle Lawmaking 26708. The first is that he may get assessed a fine of $25.00 and ordered to remove any window tinting.

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

Our California car accident attorneys will highlight the following in this article:

• i. What is the legal definition of window tinting?
• 2. Are there legal defenses to VC 26708 violations?
  • 2.one. No obstacle
  • 2.2. Exemption
  • 2.3. No probable cause
• 3. Penalties, punishment, and sentencing
• 4. Related laws
  • 4.1. Altering, irresolute, or destroying a VIN – VC 10750
  • 4.2. Failure to bespeak – VC 22108
  • 4.3. Tailgating – VC 21703

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

1. What is the legal definition of window tinting?

Vehicle Lawmaking 26708 is the California statute that makes it a law-breaking for a person to engage in "window tinting." Under VC 26708, a person is guilty of an offense if he places an object or fabric:

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

two. Legal Defenses

A person tin can try to challenge a VC 26708 accusation by raising a legal defense force. A legal defense may work to reduce or dismiss a accuse.

Three common defenses to Vehicle Lawmaking 26708 charges include:

1. no obstruction;
2. exemption; and/or,
3. no likely cause.

ii.ane No obstacle

Please recall that a person is only guilty under VC 26708(a)(ii) if he places an object in or upon a vehicle and information technology obstructs the driver'southward view. This means information technology is always a valid defense for an accused to show that while he may have put an object or material on or within a car, it in no mode obstructed the driver's view (east.g., maybe he hung a graduation tassel on a rear-view mirror).

ii.2 Exemption

There are certain situations exempted from criminal liability nether VC 26708(b). Some of these include:

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

If a defendant tin can evidence that his acts fit into i of these exemptions, then he has a articulate defence to any VC 26708 violation accusation.

2.3 No probable cause

The 4th Amendment to the U.S. Constitution says that law must have probable cause earlier they tin detain or arrest a suspect of a criminal offense.

If a person was stopped or arrested for violating VC 26708, and at that place was no likely crusade, then any evidence obtained following the improper terminate/abort could get excluded from the case. This exclusion could upshot in the dismissal or reduction in charges.

A violation of this law tin result in a fine

three. Penalties, punishment, and sentencing

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

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

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

iv. Related offenses

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

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

four.1 Altering, changing, or destroying a VIN – VC 10750

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

The criminal offense of altering or changing a VIN is charged equally a California misdemeanor. As such, information technology is punishable by:

• upward to one yr in county jail; and/or,
• a fine of up to $1,000.⁴

four.two Failure to signal -VC 22108

According to California Vehicle Code 22108 VC, drivers must signal earlier turning or changing lanes.

Under VC 22108, motorists must give a point at least 100 feet earlier they plow or change lanes.⁵

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

A motorist that does non signal also receives ane point on his DMV driving tape. A driver risks getting a negligent operator license suspension if he receives 4 points in 12 months, 6 points in 24 months or viii points in 36 months.

4.3 Tailgating – VC 21703

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

Drivers are tailgating if they are following more closely than what is reasonable and prudent. The determination of what is, or is not, reasonable and prudent depends on all the circumstances of a given case.⁷

The fine for violating Vehicle Code 21703 is $238. A driver that tailgates will too receive one betoken on his DMV record.^eight

---

Legal References:

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

Posted by: scogginsscame1947.blogspot.com

Share this post