Tinted Windows, No Front License Plate, and No Proof of Insurance

So I had a shit night as some shark pulled me over. I'm driving along fine and for no reason he decides to have some fun ruining another person's night because he's bored.

He cited me with

26708 (a) (1)
5200 (a)
16028 (a)

I'm in California. My car came with the rear windows tinted. Only about 20% of light comes in the rear but my front windows aren't tinted. This car has been on the road for 14 years and never once was there a problem in all the times being pulled over for "tinted" windows. The cop was being a pos a5s on purpose. It's not illegal to have the windows tinted in the back in California.

Second was the front license plate. Again, 2 years on the road without one (it broke) and he's bothering me about it. Can I say it was damaged? Although I have it and can still put it on. Don't even understand why they bother with it. The rear one is important not the front.

And for 16028 (a), my insurance wasn't with me but I am insured, and he cited it as a misdemeanor and put a non correctable. I was under the impression it was correctable but I guess he thought not.

Anyway, I want to prove to the court that I had insurance and that the tinted windows is bs. Will they accept the proof of insurance and also, will they actually realize that the DOESNT prohibit tinted rear windows in California?

My question involves a traffic ticket from the state of: California

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Quoting Dave3827

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So I had a shit night as some shark pulled me over. I'm driving along fine and for no reason he decides to have some fun ruining another person's night because he's bored.

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Really? Cops only enforce the traffic laws or otherwise perform the duties they took an oath to perform when they are bored? It seems to me that the attitude you display with that comment reflects much more negatively on YOU than on the cop that actually had the audacity to hold you accountable to the laws of your state.

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Quoting Dave3827

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I'm in California. My car came with the rear windows tinted. Only about 20% of light comes in the rear but my front windows aren't tinted. This car has been on the road for 14 years and never once was there a problem in all the times being pulled over for "tinted" windows. The cop was being a pos a5s on purpose. It's not illegal to have the windows tinted in the back in California.

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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.

Seems like maybe you need to do your homework a bit better.

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Quoting Dave3827

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Second was the front license plate. Again, 2 years on the road without one (it broke) and he's bothering me about it. Can I say it was damaged? Although I have it and can still put it on. Don't even understand why they bother with it. The rear one is important not the front.

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5200. (a) When two license plates are issued by the department for use upon a vehicle, they shall be attached to the vehicle for which they were issued, one in the front and the other in the rear.

And, yes, the front plate is issued and required to be displayed by state law for a reason. It is just as important as the rear one.

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Quoting Dave3827

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And for 16028 (a), my insurance wasn't with me but I am insured, and he cited it as a misdemeanor and put a non correctable. I was under the impression it was correctable but I guess he thought not.

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16028. (a) Upon the demand of a peace officer pursuant to subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made. The evidence of financial responsibility may be provided using a mobile electronic device. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision.

This is an infraction offense, not a misdemeanor. If you can show proof that you had insurance at the time of the stop, you can have it dismissed.

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Quoting Dave3827

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Anyway, I want to prove to the court that I had insurance and that the tinted windows is bs. Will they accept the proof of insurance and also, will they actually realize that the DOESNT prohibit tinted rear windows in California?

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See above. The insurance can be dismissed if you show proof you had insurance at the time of the stop. The tinted windows is not BS and tinted rear windows ARE prohibited in California.

To clarify one point of PTPD22's excellent reply, it's not TINT that is unlawful on the side and rear windows, it is having something affixed to the windows or obstructing your view. You may have been cited for something obstructing the driver's view, not necessarily window tinting.

Now, subsection (b) of VC 26708 covers the exceptions to this section, so you may want to read the section to determine if that provides some sort of defense for you.

Oh, and as stated, the officer was doing his job by stopping you. The fact that you have not been stopped before for these offenses simply means you've been lucky or traveling in places where the officers have had little discretionary time or just didn't care too much for traffic matters. Having never been stopped before does NOT grant you any kind of a defense.

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And, yes, the front plate is issued and required to be displayed by state law for a reason.

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Yeah, it's a prime LIDAR reflector.

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Quoting flyingron

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Yeah, it's a prime LIDAR reflector.

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It's also important to catch red light violators by camera.

What do you mean at the time of stop? I didn't have my insurance card with me but I was insured. Just had the paperwork at home.

As for the Windows, they came like that upon purchase. California law does not prohibit rear windows from being tinted.

As for the other guy, believe me there was nothing obstructing the view. Only reason he cited me because the bored cop couldn't see in my car at 1 am on the morning and was scared. Maybe he should taken his ass from the safe city he patrols to Compton where he services as an officer will be truly useful. He might die in service but at least hell be a hero.

Pretty soon there will be so many laws none of you will have freedoms left.

Oh the mods will want to ban me because the law and police offers can do no wrong.

This officer and was an ass on purpose. He was insisting I say please and beg that he wouldn't cite me for front license plate, that I should be grateful to him. What a ****ing loser. Power tripping like that and ruined my easter. He smacked me with the infraction even though he wasn't going to just because I decided not to beg him and say please and thank you like a bitch for him not giving me the latter two citations at first. Then, he threatens to send me to jail when I refuse to sign it because the idiot put the wrong address in the citation.
I should have asked for his first and last name

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Quoting Dave3827

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What do you mean at the time of stop? I didn't have my insurance card with me but I was insured. Just had the paperwork at home.

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It means that you are REQUIRED by law to have your proof of insurance on you when stopped by the police. You were not cited for being uninsured but for not having the PROOF of insurance with you to present to the officer.

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As for the Windows, they came like that upon purchase. California law does not prohibit rear windows from being tinted.

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The section covers more than simply tinting. If he truly cited you for tinting on the back windows and he states this in court, you'll likely prevail.

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Only reason he cited me because the bored cop couldn't see in my car at 1 am on the morning and was scared.

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Or, maybe he cited you because of your attitude.

So, he actually said, "I'm citing you because I was scared ..." Really?

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Maybe he should taken his ass from the safe city he patrols to Compton where he services as an officer will be truly useful. He might die in service but at least hell be a hero.

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You are an arrogant little cur! :wallbang:

I have lost friends on traffic stops ... yeah, they're heroes, but they're dead ones. They died on a "routine" traffic stop and NOT in Compton! Traffic stops are among the most dangerous activities that an officer performs and they get assaulted and killed regularly. More wanted felons and dangerous criminals are encountered by police in traffic stops than on ANY OTHER form of activity!

I've worked the mean streets in the big city, and now I work the safer streets of a small town ... and cops still die in small towns. A good cop is a safe cop, and even the good cops can get killed. My friends did.

For all the officer knew when he pulled you over, you were one of those violent folks. You are all full of yourself because YOU broke the law and you got caught. Be a man, admit that you are guilty of at least two of the three offenses and stop making excuses and make yourself out to be the victim here.

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Pretty soon there will be so many laws none of you will have freedoms left.

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Straw dog. These laws have existed for decades.

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Oh the mods will want to ban me because the law and police offers can do no wrong.

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I doubt anyone would ban you because you criticize police officers. Though, it's clear that you need some growing up to do.

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This officer and was an ass on purpose. He was insisting I say please and beg that he wouldn't cite me for front license plate, that I should be grateful to him. What a ****ing loser.

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And how'd that defiance work for you?

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Power tripping like that and ruined my easter. He smacked me with the infraction even though he wasn't going to just because I decided not to beg him and say please and thank you like a bitch for him not giving me the latter two citations at first.

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I suspect that he didn't ask you to "beg," but he may have commented on what was almost certainly a cocky little self-absorbed punk attitude.

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Then, he threatens to send me to jail when I refuse to sign it because the idiot put the wrong address in the citation.

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And if you hadn't signed it, you would have gone to jail.

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should have asked for his first and last name

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And he could have said, "They're on the citation." Or, he could have denied your request altogether. I don't know what THAT would have accomplished.

Wow. Amazing how you defend this cop because he's your kin. You are defending a pos and your defense is, because I have an attitude problem? My attitude is none of his concern. If I want, I'll curse him out. It's his job to maintain his ground and keep calm, and just do his job.

Hypocrite ass cops. He acts like he is the authority and not the public servant, but if I show any rightful defiance, this cunt thinks he can one up me and slap me with fines that can now cost me upwards of $1000. I'm 20,dont have a job, and have no money, and already owe $1000 to courts. Do you people think money grows on trees and I can just pick a few hundred and hand it to your corrupt system? Oh, you broke a "law", so us crooks won't put a stick up your ass if you pay us... Sounds like some drug dealer type shit to me. Sounds like some mafia shit.

Regardless, this cop Was bored and needed to issue a citation. I've sat in the back of a cop car where the cop clearly admitted they are bored, so they pull us over for no reason. Then they just do small talk like it's all fine and dandy, like I want to be seen in public in the back of a cop car for no reason, and he has the audacity to threaten, "well do you want me to write you a ticket", acting all kind for not citing me even though he admits stopping me for no reason and having nothing to cite me for.

You cops who do traffic stops are just as guilty for being inhuman and authoritarian, and for being assholes.

Highway patrols essentially are just there to make the city money. You all should be driving around busting drug dealers and thugs

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Quoting Dave3827

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You cops who do traffic stops are just as guilty for being inhuman and authoritarian, and for being assholes.

Highway patrols essentially are just there to make the city money. You all should be driving around busting drug dealers and thugs

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Sounds like the LEO did his job quite well. :victorious:

I used to have a '84 BMW that had tinted windows. I was driving through The Tiny Kingdom one afternoon and waved a friendly 'hello' at a passing motorcycle LEO. He whipped around, pulled me over by the country club, and told me my window tint was too dark. Pulled out his tester and everything. I was going speed limit. I had all my paperwork. I was polite and didn't receive a ticket. If I had ranted and raved and called the LEO everything but a child of God? I'd been paying huge fines.

Well, I'm not a cop or related to a cop, and I hope you take this attitude in court and the judge tosses your sorry ass in jail for a much needed attitude adjustment. I won't go into the details why just now because if I say too much more I'll end up getting myself banned, but you, OP are deserving of everything you get.

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Quoting Dave3827

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Wow. Amazing how you defend this cop because he's your kin.

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No. As I mentioned, the tint violation is probably wrong ... unless it was for some other obstruction and NOT for the tint.

YOU are pissing and moaning because YOU got caught violating the Vehicle Code! You are required to have a front license plate and to be in possession of proof of insurance. HE did not make those up. You got caught and you insist on blaming the guy who had nothign to do with your negligence.

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You are defending a pos and your defense is, because I have an attitude problem? My attitude is none of his concern. If I want, I'll curse him out. It's his job to maintain his ground and keep calm, and just do his job.

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he did his job just fine. He cited you, he didn't beat you or throw you in the back of a police car when he shouldn't. Had you been polite - even if not apologetic - you might have gotten out of this without a court appearance or two.

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Hypocrite ass cops. He acts like he is the authority and not the public servant, but if I show any rightful defiance, this cunt thinks he can one up me and slap me with fines that can now cost me upwards of $1000.

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Yeah, darn him for enforcing the law! :rolleyes: I mean, after all, you are so special that you get to violate the law whenever you want to because ... well, you're special!

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I'm 20,dont have a job, and have no money, and already owe $1000 to courts.

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And whose fault might that be????

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Do you people think money grows on trees and I can just pick a few hundred and hand it to your corrupt system?

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It would have been easy to avoid it ... put on the front plate and carry around the proof of insurance. But, those are correctable so if you can show proof of insurance at the time of the stop and put on the front plate, you should owe only $25.

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Oh, you broke a "law", so us crooks won't put a stick up your ass if you pay us... Sounds like some drug dealer type shit to me. Sounds like some mafia shit.

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Seems like someone feels he is so special that the law doesn't apply to him. Pssst ... it does.

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Regardless, this cop Was bored and needed to issue a citation. I've sat in the back of a cop car where the cop clearly admitted they are bored, so they pull us over for no reason.

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An officer conducts proactive enforcement when not engaged in other activities. That means if he is not on a call, conducting follow-up or otherwise engaged, he is expected to conduct enforcement stops on vehicles and even pedestrians if the circumstances warrant. If that discretionary time means "bored" to you, so be it. But, it's one of the things the public expects of us!

Oh, and you know the number one request of law enforcement is nationwide? It's not stopping drug dealers, arresting child molesters, or stopping burglaries - it's enforcing traffic regulations. Yep. That's what the public expects of us. Carry your insurance, put the front plate on, obey the rules of the road, and take off any unlawful obstruction that might exist, and you will not have to deal with any more "bored" cops.

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You cops who do traffic stops are just as guilty for being inhuman and authoritarian, and for being assholes.

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Just doing our jobs. Read the job description sometime, junior.

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Highway patrols essentially are just there to make the city money.

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Let's see ... since the CHP doesn't earn a dime on citations, and none fo their cites go to any cities, that's not true. Now, city police agencies might get some money on a citation, true ... but, the total is about enough to buy a Cafe Americano at Starbucks, and if one person goes to court the agency needs to write 20-30 more tickets to pay for the cost of the officer on that one.

No, moving violations are NOT moneymakers for cities - they are money losers. The only exception to that are red-light camera programs. Parking enforcement, on the other hand, is a big boon! If I wanted my cops to make a lot of money, we'd give up enforcing traffic safety and start making all sorts of parking regulations and writing parking cites all day. A $37 parking cite earns a city about 6 times more money than the moving violation that might cost you $280. Yet, oddly enough, we get more people complaining about that parking ticket than movers.

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You all should be driving around busting drug dealers and thugs

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Love to! Uh ... where are they?

Oh yeah, they're in cars! The last two we busted were driving! And, just a few ago, we arrested one with a shotgun in his car! Sere what traffic enforcement can find?!

Now, go out and get an education and lose the self-important 'tude before it gets you in real trouble.

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Dave3827;801661]What do you mean at the time of stop? I didn't have my insurance card with me but I was insured. Just had the paperwork at home.

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it means you have to show you had insurance in force at the time of the citation.

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As for the Windows, they came like that upon purchase. California law does not prohibit rear windows from being tinted.

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so? was the car bought new? If not, then just because it came like that doesn't mean it is legal. I don't know if your tint was legal or not but arguing your car came like that is not a defense if it was altered from the OEM condition.


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Power tripping like that and ruined my easter.

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well, actually you ruined your Easter due to no front plate.

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I should have asked for his first and last name

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it's probably on the ticket.

Well alright then. I'll smack the license plate on and go in with humility and present my proof of insurance to the man. Next time, I'll try not to get caught.

I appreciate that you kept your cool

Uy. Sounds like you were ticketed for being an ass.

I was pulled over for turning right on a red (a sign clearly marked no turn on red b/n 3-6pm. There was a motorcycle cop around the corner and he waved four cars over, my car being the last. He started to tell me why he pulled me over and I stopped him and said "I know exactly why you pulled me over." He asked what color the light was when I turned and I said "oh, it was totally red and had been red when all of the cars in front of me turned." When he asked why I turned I told him it was because I have a bladder condition and really really really had to pee.

He ticketed the first three cars and when he came to me he handed all of my info back and said "I'm not ticketing you because you're the only one who didn't lie to me." He was awesome.

My husband was pulled over for speeding on a two lane road years ago. When the cop asked him why he said he knew he was speeding but had to get home to take our son trick or treating. My husband was honest and respectful. Guess what? No ticket.

Cops are there to do a job, and if you act like a jerk and give them attitude. You're definitely going to get a ticket.

Cool your heels.