California Speeding and Window Tint Ticket

[cal_mag]

Here are the details,

I am accused of 81 in a 55 (maximum speed) on a road in the middle of no where in the desert (Palmdale) and for having my side windows tinted.

I think it should be dismissed for a few reasons
1. The time the officer states on the ticket I was on a different road 3 miles away. I have GPS tracking data to prove it and his time is about 4-5 min off.

2. I thought I was probably doing about 65 and that is what I told the officer, he said "Radar at 81", again my GPS shows my maximum speed at 67 and I had reset it before my 100 mile journey to the desert. Can I show my entire route in court to prove I wasn't going 81 ever? Is GPS data admissible in court?

3. Both my front windows were down, they have a clear UV tint which according to the CHP website is OK,

"Can I put after-market tinting on the windows of my vehicle?

The main requirements for legal window tinting in California are:

The windshield and front driver's side and passenger's side windows cannot receive any aftermarket tinting.
If the rear window of a vehicle is tinted, the vehicle must have outside rearview mirrors on both sides.

The law prohibits any person from driving any motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows, with certain limited exceptions.

However, legislation signed into law effective January 1, 1999, exempts from the above prohibition specified clear, colorless, and transparent material that is installed, affixed, or applied to the front driver and passenger side windows for the specific purpose of reducing ultraviolet rays. If, as, or when this material becomes torn, bubbled or otherwise worn, it must be removed or replaced."

The officer never saw my front windows, he tapped on my rear side windows and said that they are illegal. I had just purchased the car with them tinted from the dealer, does this make a difference? Reading the rule from the CHP website and having both side mirrors it looks like I am legal?

4. The officer approached me from the opposite direction behind 4 other vehicles. He said his radar was in closing mode and he could detect me through 4 other cars. Just before he pulled me over I crossed railroad tracks and a huge set of high power lines. I am a RF and Radar Engineer and know that they both make good reflectors for Ku and Ka Band Radars.

I'll note that my car is a Honda Civic GX (Compressed Natural Gas), I get cheap natural gas and great milage, I drive slow to conserve fuel and was NOT going 81 much less anything over 67.

My only problem is I do know I was speeding at a max of 67 which turned out to me a 55 MPH road, I though it was 65 like the road I had turned from.

My fine is $483 which I feel is excessive and for sure I don't think I should have been hit with an uncorrectable window tint violation.

I am open to suggestions.

[lwpat]

Fot the window tint I would get a notarized letter from the dealer. For the speeding you are probably better off to ask the judge to approve traffic school. If you get lucky the officer will not show for court and you can make a motion for dismissal. California fines are some of the highest in the nation. Comes with living in such a great state.

[aaron]

I don't know if the officer noticed the front window tinting, but if he did you were supposed to be able to present him with documentation that it meets the statutory requirements. In terms of the rear side windows, the statute seems to exempt them as you noted.

(a) (1) No person shall drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows.

* * *

(b) This section does not apply to any of the following:

* * *

(4) Side windows which are to the rear of the driver.

* * *

(8) The rear window or windows, when the motor vehicle is equipped with outside mirrors on both the left- and right-hand sides of the vehicle that are so located as to reflect to the driver a view of the highway through each mirror for a distance of at least 200 feet to the rear of the vehicle.

* * *

(d) Notwithstanding subdivision (a), clear, colorless, and transparent material may be installed, affixed, or applied to the front side windows, located to the immediate left and right of the front seat if the following conditions are met:
[indent](1) The material has a minimum visible light transmittance of 88 percent.

(2) The window glazing with the material applied meets all requirements of Federal Motor Vehicle Safety Standard No. 205 (49 C.F.R. 571.205), including the specified minimum light transmittance of 70 percent and the abrasion resistance of AS-14 glazing, as specified in that federal standard.

(3) The material is designed and manufactured to enhance the ability of the existing window glass to block the sun's harmful ultraviolet A rays.

(4) The driver has in his or her possession, or within the vehicle, a certificate signed by the installing company certifying that the windows with the material installed meet the requirements of this subdivision and identifies the installing company and the material's manufacturer by full name and street address, or, if the material was installed by the vehicle owner, a certificate signed by the material's manufacturer certifying that the windows with the material installed according to manufacturer's instructions meets the requirements of this subdivision and identifies the material's manufacturer by full name and street address.

(5) If the material described in this subdivision tears or bubbles, or is otherwise worn to prohibit clear vision, it shall be removed or replaced.

The statute can be found here.

[chuckycheese]

I think your GPS defense is really interesting. I would suggest you investigate that further because it sounds pretty reasonable to me. Those things are really accurate and the information only pertains to your vehicle. Let us know what happens!

[cdwjava]

1. The time the officer states on the ticket I was on a different road 3 miles away. I have GPS tracking data to prove it and his time is about 4-5 min off.

The officer's wristwatch and your GPS time may not be in sync and they do not have to be. Unless part of your argument is that the officer stopped someone OTHER than you, this is a non-starter.

2. I thought I was probably doing about 65 and that is what I told the officer, he said "Radar at 81", again my GPS shows my maximum speed at 67 and I had reset it before my 100 mile journey to the desert. Can I show my entire route in court to prove I wasn't going 81 ever? Is GPS data admissible in court?

I do not believe there is any judicial notice regarding GPS for speed, but you can try. However, be prepared to pay for an expert to come to court and explain how GPS works and why it is more accurate than radar. This is NOT going to be easy.

3. Both my front windows were down, they have a clear UV tint which according to the CHP website is OK,

There are a couple sections that might apply here - which were you cited for?

4. The officer approached me from the opposite direction behind 4 other vehicles. He said his radar was in closing mode and he could detect me through 4 other cars. Just before he pulled me over I crossed railroad tracks and a huge set of high power lines. I am a RF and Radar Engineer and know that they both make good reflectors for Ku and Ka Band Radars.

Be prepared to make a technical argument or pay for an expert to come in and make the argument if the court does not accept YOUR expertise on the matter.

My only problem is I do know I was speeding at a max of 67 which turned out to me a 55 MPH road, I though it was 65 like the road I had turned from.

Maybe you can plead to CVC 22350 ... this would give a recommended fine of $146.


- Carl

[cal_mag]

I was cited with 22349/Blue 55 Max Speed and 26708/Alive Side Windows Tinted. I guess he wrote Blue and Alive for .b and .a of the CVC.

My main problem, is I've gone to court and had the officer flat out lie and there is nothing I could do.

[cal_mag]

What do you recommend?
Going to court in person
Asking for a (continuance, change of venue, or motion for "discovery")
or
Giving a written declaration asking to drop the tint violation and reduce my speed to 67 in a 55 and ask for traffic school? (This would be based on my front windows being down and the officer never asked to see them and my GPS data)

Obvioulsly I would like to go to court and have the officer not show up, but I have only had that happen on my first of 4 tickets over the course of 16 years. My last three they all showed up, the first two I was guilty, the last one I was not guilty but he lied and I was falsely convicted. I am worried that will happed again.

[cdwjava]

What is it you think he lied about?

Many times what one person sees as a "lie" is simply a matter of perception.

If I believe you were doing 80 MPH based on my observations and reinforced by my radar, and I testify to that belief, I am not telling a lie even if you indeed were going 65. Likewise, if you thought you were going 65 but were really going 80 and testified to that YOU would not be lying either ... this is one reason why perjury is so tough to prove - intent and prior knowledge has to be proven. Being incorrect or wrong is not a lie.

In any event, the tinting is a correctable violation and should be able to be inspected and signed off. The speed is a different matter.

So, you went to trial already? What was the result? If found guilty of the speed did you get traffic school?

- Carl

[cdwjava]

What do you recommend?
Going to court in person

Wait ... I thought you just wrote you WENT to court and the officer lied??

EDIT: Okay ... I believe you were referring to a prior ticket where you believe the officer lied, and not referring to the current one.

Asking for a (continuance, change of venue, or motion for "discovery")

Do you have a reason to do any of those things? What do you want to obtain through discovery? Do you know what to ask for and how to properly do it? And do you know how to use the info if you do obtain it?

A technical defense is going to require expert testimony. This generally requires an attorney or a lot of legwork on your part.

Giving a written declaration asking to drop the tint violation and reduce my speed to 67 in a 55 and ask for traffic school? (This would be based on my front windows being down and the officer never asked to see them and my GPS data)

I doubt they will allow the GPS data in without foundation, but you can certainly try.

Unless you have recently completed traffic school, you should be eligible. As for the tint, it is a correctable violation so should be no biggie.

Obvioulsly I would like to go to court and have the officer not show up,

You might, then, consider pleading not guilty at arraignment, showing up for trial, and then taking traffic school before trial. MOST courts allow this ... I have yet to run into one that doesn't, but you might consider sitting in on this court before hand to see if it is allowed.

Usually the clerk or the judge/commissioner will announce that traffic school MAY be off the table if you take the stand and they will ask if anyone wants to plead guilty and ask for traffic school once they have taken roll call and the officer is found to be present.

- Carl

[cal_mag]

I appreciate your comments, here it my plan,

1st: Pay the fine and plead not guilty
2nd: Go to my court date, ask for a reduced fine for CVC 22350 67 in a 55based on my perception and GPS info, and to eliminate the window tint violation and then ask for traffic school. My front windows have the Honda Solargreen UV tint on them from the factory and I can't believe that they are illegal.

Jim