Vehicle Code 26708 CVC is the California statute that makes it illegal for you 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 your (the driver’s) view.
The language of the code section reads:
“26708. (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.
(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.
(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.”
Examples of Violations
- 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 effectively makes it impossible to see out of.
Fighting The Ticket
Luckily, there are several legal defenses that you can raise if accused of window tinting. These include showing that:
- an object or material did not obstruct your view,
- there was an exemption under VC 26708, and
- there was no probable cause to stop or arrest you.
Penalties
Two things can happen if you violate Vehicle Code 26708.
- The first is that you may get assessed a fine of $25.00 and ordered to remove any window tinting.
- 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.
Our California auto accident attorneys will highlight the following in this article:
- 1. What is the legal definition of window tinting?
- 2. Are there legal defenses to VC 26708 violations?
- 3. Penalties, punishment, and sentencing
- 4. Related laws
Vehicle Code 26708 is the California statute that makes it a crime for you to engage in “window tinting.”
1. 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.” Under this section, you are guilty of an offense if you place an object or material:
- directly in the windshield of a car, or its side or rear window; or,
- anywhere else in the car if it obstructs your view through the windshield or side windows.1
2. Legal Defenses
You can try to challenge a VC 26708 accusation by raising a legal defense. A legal defense may work to reduce or dismiss a charge.
Three common defenses include:
- no obstruction;
- exemption; and/or,
- no probable cause.
2.1 No obstruction
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. 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).
2.2 Exemption
There are certain situations exempted from criminal liability under this section. 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 you can show that your acts fit into one of these exemptions, then you have a clear defense to assert against the citation.
2.3 No probable cause
The Fourth Amendment to the U.S. Constitution says that police must have probable cause before they can detain or arrest you of a crime.
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. This exclusion could result in the dismissal or reduction in charges.
A violation of this law can result in a fine.
3. Penalties, punishment, and sentencing
Two things can happen if you receive a window tinting citation. The first is that you may get assessed a fine of $25.00 and ordered to remove any window tinting.2
Or, the second is that you may get charged with an infraction and that you must, resultingly, pay a fine of $197.00.3
Please note that no points will be assessed to your DMV driving record upon a Vehicle Code 26708 violation.
4. Related offenses
There are three laws related to tinting windows in California. These are:
- altering, changing, or destroying a VIN – VC 10750;
- failure to signal -VC 22108; and,
- tailgating – VC 21703.
4.1 Altering, changing, or destroying a VIN – VC 10750
The crime of altering or changing a VIN is charged as a California misdemeanor. As such, it is punishable by:
- up to one year in county jail; and/or,
- a fine of up to $1,000.4
4.2 Failure to signal -VC 22108
According to California Vehicle Code 22108 VC, you must signal before turning or changing lanes.
Under VC 22108, you must give a signal at least 100 feet before you turn or change lanes.5
If you violate Vehicle Code 22108, you must pay a fine of $367.00.6
You will also receive 1 point on your DMV driving record. You risk getting a negligent operator license suspension if you receive 4 points in 12 months, 6 points in 24 months or 8 points in 36 months.
4.3 Tailgating – VC 21703
California Vehicle Code 21703 VC states you cannot follow vehicles too closely.
You are tailgating if you 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. You will also receive 1 point on your DMV record.8
Legal References:
- California Vehicle Code 26708(a)(1) and (a)(2) VC. See also People v. Carter (Cal. App. 2d Dist. 2010), 182 Cal. App. 4th 522; People v. Colbert (Cal. App. 6th Dist. 2007), 157 Cal. App. 4th 1068; People v. White (Cal. App. 1st Dist. 2003), 107 Cal. App. 4th 636.
- See DMV penalty chart.
- See same.
- California Penal Code 19 PC.
- California Vehicle Code 22108 VC.
- See DMV penalty chart.
- Gornstein v. Priver, 64 Cal. App. 249.
- See DMV penalty chart.