Having tinted windows is not necessarily illegal. If tinted windows meet the requirements of California law (Vehicle Code § 26708.5), there is no basis for a traffic stop based solely on the fact that an officer thinks the windows are illegally tinted, according to the case of People v. Butler. 

Just because an officer observes tinted glass he cannot inquire about its legality without additional knowledge that the tinted glass is illegal. Because of this, a police officer cannot stop a car or detain the driver based on his or her speculation that the windows in the car were made of illegally tinted, rather than legally tinted, safety glass.

For reference, Vehicle Code § 26708.5 says that tinted glass may be installed in a vehicle if “(1) the glass complies with motor vehicle safety standards of the United States Department of Transportation for safety glazing materials, and (2) the glass is installed in a location permitted by those standards for the particular type of glass used.” Other than that a person cannot “place, install, affix, or apply any transparent material upon the windshield, or side or rear windows, of any motor vehicle if the material alters the color or reduces the light transmittance of the windshield or side or rear windows…”

It is important that you hire an attorney that can fully advise you of your rights and be ready to present your case before a judge and/or jury including in a traffic ticket case. The Law Offices of Michael S. Carrillo can provide you with a free consultation and a breakdown of your case every step of the way. We pride ourselves on individualized attention to your case. To us, you’re not just a file but you’re a person struggling to find the best outcome to your case. Give us a call at (626) 799-9375 or email us at mike@mikecarrillo.com for an immediate response.