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How do I get a citation I received for illegal window tint on a truck I bought from a dealership expunged immediately?

Newport Beach, CA |

My windows were down when I got pulled over so the officer did even see how dark my windows were. Plus the tint was on the truck when I bought it and had never been stopped before for it by any police officers who've seen me driving on the street.

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Attorney answers 2

Posted

Window tinting is an interesting issue. In California, after market tinting is typically a problem. If the tint on the window is factory original, it may be that there is not any type of violation. You may be able to take your truck to an inspection station to have them verify that there is nothing wrong with it. If your issue is whether the officer had lawful reason to stop you based on the tint, then you should consult an attorney in your area who can take a look and advise you regarding the lawfulness of the stop. If the tint is after market and too dark, but both of your windows were down and not visible to show a tint and there is a patrol car video showing there was no way for the officer to see the tint, then you may also have a reason to challenge the lawfulness of the stop. This issue is similar to front license plates or a tow hitch that may block part of the rear license plate. If you were only cited for an infraction, there is no expungement available, just a dismissal.

Asker

Posted

It was actually sold to me used and only 1 previous owner before me. I have til tomorrow to get it fixed and signed off then head to court but doubt I'll have enough time to handle everything before 5pm. The CHP who gave me the ticket did not check my window tint or use a tint meter to verify the tint was too dark, he just wrote the ticket then let me go on my way. I don't know what to do at this point but contact the dealership and see what my options are and if they refuse then I am willing to take legal action seeing as how the ticket is technically their fault and not mine, not to mention the officer's for not using any meter to prove that the tint was too dark therefore justifying the issued ticket I unfairly received. Thank you for your timely response, I greatly appreciate any advice you've given me

Asker

Posted

I was originally stopped for speeding but then he added on the ticket for the window tint. I'm sure there is a video proving both windows were down because I ALWAYS drive with my windows unless it's raining which on the day the ticket was issued was not raining and it was also early evening time as the sun was setting around 7pm.

Joshua Kaizuka

Joshua Kaizuka

Posted

If you got stopped for speeding and the officer saw the tint, he or she can cite you. You should get it fixed so you don't have to pay the fine. If the tint is not lawful, then you may continue to get stopped or get another ticket.

Asker

Posted

I just went to the dealership I purchased the truck from and they've agreed to remove the tint so I can get the citation signed off and be dismissed of the infraction. Thank you greatly for your input and legal knowledge, you've been most helpful and I will be sure to return to this site should I find myself in any future unfortune situations such as this but cross my fingers that I don't have anymore citations coming my way any time soon. Thanks again Mr. Kaizuka.

Joshua Kaizuka

Joshua Kaizuka

Posted

You are very welcome!

Asker

Posted

Should I have anymore questions or seek legal advice I'll be sure to let you know. Ricky Ramos, Yorba Linda, CA

Posted

Car tint violations are fix it tickets. They carry no points. The real question is was it original tinting that came with the new car. If so, you can get this signed off at any police agency and bring the signed off citation to clerk's office. If it was after market tinting -then you could have a problem. You could challenge the stop- but is it worth it? You will get cited again if your tint is bad.

Asker

Posted

I have just returned from the dealership my truck was purchased at and have an early appointment tomorrow morning to have the front driver's side and passanger side window tint removed because the tint is not original tint that came with the truck but was added by the previous owner. I'd rather avoid another fix it ticket for the same reason than fight in court and pay however much when it'd be more than likely another dickhead cop will stop me for the tint another day if I keep it. It's just too much of a hassle really and thankfully things at the dealership went a lot smoother than I'd expected them to go. Thank you so much for your feedback regarding my situation, your advice has been very helpful and has taught me something as well about window tint laws I would have never known if it wasn't for this extremely helpful site with such knowledgable lawyers and attorneys helping random citizens seeking answers or legal advice regarding their dilemmas be it as little as window tint or something a lot more serious. I greatly appreciate your time and advice, thank you immensely. Ricky Ramos, Yorba Linda, CA.

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