Police Officer Gave Me A Ticket Using The Wrong Vehicle Code (california)
The other day I got pulled over for driving with a cracked windshield and 5% tint. The officer gave me a ticket and listed California Vehicle Code 24002 (a), which states:
(a) It is unlawful to operate any vehicle or combination of vehicles which is in an unsafe condition, or which is not safely loaded, and which presents an immediate safety hazard. The problem that I see is that, from my understanding, this vehicle code is intended to cover things like a loaded truck/trailer, things strapped to a car, things sticking out or flying out, etc. not window tint. The officer did list "windshield tint" in the description, but he marked it as non-correctable. The way I found out it wasn't correctable was when I went down to the police station to have my ticket signed off. The officer read it said I would have to go to court which is scheduled for May 24th. I looked at the ticket, and I had failed to notice that he had in fact had checked a box that said it was not correctable like I had to go get my car re-inspected or just pay the fine.
I came home and started doing research, and it seems like the officer who wrote the ticket referenced the wrong vehicle code in the ticket. The code that references window tint is CVC 26708. (a)(1)(2), which states:
(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. I think this has a chance of getting thrown out or at least corrected to the right violation, what do you guys think?
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