This exclusion could result in the dismissal or reduction in charges.Ī violation of this law can result in a fine. If you were stopped or arrested for violating VC 26708, and there was no probable cause, then any evidence obtained following the improper stop/arrest could get excluded from the case. Constitution says that police must have probable cause before they can detain or arrest you of a crime. If you can show that your acts fit into one of these exemptions, then you have a clear defense to assert against the citation. attaching certain sun screening devices to the side windows of a vehicle.hanging items from the side windows to the rear of the driver, and.There are certain situations exempted from criminal liability under this section. This means it is always a valid defense for you to show that while you may have put an object or material on or inside a car, it in no way obstructed your view (for example, maybe you hung a graduation tassel on a rear-view mirror). Please recall that you are only guilty under VC 26708(a)(2) if you place an object in or upon a vehicle and it obstructs your view. A legal defense may work to reduce or dismiss a charge. You can try to challenge a VC 26708 accusation by raising a legal defense. ![]() anywhere else in the car if it obstructs your view through the windshield or side windows.Vehicle Code 26708 is the California statute that makes it a crime for you to engage in “ window tinting.” Under this section, you are guilty of an offense if you place an object or material: What is the legal definition of window tinting? Vehicle Code 26708 is the California statute that makes it a crime for you to engage in “window tinting.” 1. Altering, changing, or destroying a VIN – VC 10750 Are there legal defenses to VC 26708 violations? Our California auto accident attorneys will highlight the following in this article: The second is that you may get charged with an infraction (as opposed to a misdemeanor or felony) and that you must, as a result, pay a fine of $197.00.The first is that you may get assessed a fine of $25.00 and ordered to remove any window tinting.Two things can happen if you violate Vehicle Code 26708. there was no probable cause to stop or arrest you.there was an exemption under VC 26708, and.an object or material did not obstruct your view,.Luckily, there are several legal defenses that you can raise if accused of window tinting. Pablo applies a special coating onto his van’s rear window that effectively makes it impossible to see out of.Albert displays a large sign on his dashboard, and it obstructs his view through the windshield.Monique affixes window tint to the windshield of her Honda Accord. ![]() (3) This subdivision applies to a person driving a motor vehicle with the driver’s clear vision through the windshield, or side or rear windows, obstructed by snow or ice.” (2) A person shall not drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle that obstructs or reduces the driver’s clear view through the windshield or side windows. (a) (1) A person shall not drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows.
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