Understanding California’s Window Tinting LawsCalifornia Vehicle Code § 26708
Understanding California’s Window Tinting Laws
California Vehicle Code § 26708 regulates the application of materials on vehicle windows to ensure driver visibility and road safety. Understanding which window tints are permissible and which are prohibited is crucial for vehicle owners to remain compliant with state law. If you have window tint on your vehicle or anticipate tinting your vehicle, it is important to understand what is permissible under the law. Failing to comply with California tint laws can result in an infraction and court fines and fees. Window tint violations are the basis of a significant portion of vehicle stops, which in many situations have led to warrantless searches, ultimately resulting in the filing of criminal charges. The attorneys at Gomez, Radford, & Rome have extensive knowledge in handling tint related violations and are happy to assist.
Legal Definition Under Vehicle Code § 26708
Under California law, Vehicle Code § 26708 (a)(1) states that 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. This includes window tinting materials that can obstruct or reduce the driver’s clear view.
However, there are specific exceptions and permissible uses of window tinting materials outlined in the statute.
Permissible Window Tinting
- Front Windshield:
- Tint Strip: A strip of tint is allowed on the top 4 inches of the front windshield. This strip must be non-reflective and should not obstruct the driver’s view.
- Front Side Windows:
- Light Transmission: Tinting is permitted if the material allows a minimum of 70% visible light transmission (VLT). This means the tint must let in at least 70% of outside light.
- Rear Side Windows and Rear Window:
- No Light Transmission Requirements: There are no restrictions on the darkness of tint applied to the rear side windows and the rear window. However, if these windows are tinted, the vehicle must be equipped with side mirrors on both sides that provide a view of at least 200 feet to the rear.
- Medical Exemptions:
- Sun Screening Devices: Drivers or passengers with a medical condition requiring protection from the sun may apply sun screening devices to the front side windows. This requires possession of a letter or document signed by a licensed physician or optometrist certifying the need. The sun screening devices must meet specific requirements outlined in the statute.
Prohibited Window Tinting
- Windshield and Front Side Windows:
- Dark Tinting: Applying dark or reflective tint that does not meet the minimum VLT requirements is prohibited. Specifically, the front side windows must allow more than 70% of light to pass through.
- Colors:
- Restricted Colors: The use of red, blue, or amber tint on any window is not allowed.
- Reflectivity:
- Reflective Tint: The tint applied must not be more reflective than a standard window. Highly reflective tints that can cause glare or impede visibility are prohibited.
Penalties for Non-Compliance
Non-compliance with California’s window tinting laws can result in fines and citations. Typically, a first-time offense may lead to a fine of $25 and an order to remove or modify the non-compliant tint. Subsequent violations can result in higher fines and potential infractions.
First-Time Offense (Fix-It Ticket)
- Fine: $25
- Corrective Action: You must remove or modify the illegal tint to meet state requirements.
Subsequent Offenses or Failure to Fix
- Fine: Up to $197 per window
- Court Fees: Additional administrative and processing fees may apply.
- Potential Infraction: If you repeatedly violate tinting laws without compliance, you may face an infraction on your driving record.
Increased Penalties for Non-Compliance
If you fail to remove illegal tint after receiving a citation:
Law enforcement may issue additional citations until the tint is corrected.
The fine may increase with additional court-imposed fees.
You could face higher insurance premiums if the violation affects your driving record.
Defenses to a Window Tint Violation
If you are cited for an illegal tint, there are potential defenses, including:
Unlawful Traffic Stop
o If the officer lacked reasonable suspicion to stop you solely for window tint, your ticket may be contested in court.
Medical Necessity
o If you have a valid medical exemption, you must provide documentation from a licensed physician or optometrist.
Manufacturing Defect
o If the tint was installed by the vehicle manufacturer and meets legal requirements, it may be a mistake on law enforcement’s part.
Related Cases
In addition to illegal window tinting, drivers may also be cited for other related offenses under California law, including:
Obstructed View (Vehicle Code § 26708(a)(2))
- It’s illegal to have any object (stickers, phone mounts, decorations) that obstructs the driver’s view through the windshield or side windows.
Defective Windshield or Windows (Vehicle Code § 26710)
- Driving with a cracked or broken windshield that impairs visibility is illegal.
- You must repair or replace a damaged windshield within 48 hours of receiving a citation.
Illegal Headlight or Taillight Tint (Vehicle Code § 24600 & § 24400)
Tinting headlights or taillights to make them darker than factory specifications is illegal and can result in a separate citation.
Why You Should Consult Gomez, Radford, & Rome
A tint ticket may seem minor, but repeated violations can lead to expensive fines, legal headaches, and increased insurance rates. If you’ve been cited for illegal tint, you don’t have to just accept the ticket—you may have grounds to fight it.
At Gomez, Radford, & Rome, we specialize in defending drivers against traffic violations. As former prosecutors, we know how the system works and how to challenge unfair citations.
Navigating the complexities of California’s vehicle codes can be challenging. If you’re facing penalties or have questions regarding window tinting laws, the attorneys at Gomez, Radford, & Rome are here to help.