7.731 — WINDOW TINT (SECONDARY OFFENCE)
Violations of "Statute 7.731" results in an Infraction and a fine of $100
(a) Definitions
Window tint refers to any film or coating applied to the windows of a vehicle that reduces the amount of light passing through. A secondary offense occurs when the vehicle's window tint does not comply with legal standards, but the violation is not the primary reason for a traffic stop. The legal limit for window tint is set at "Light Smoke" or 75%
(b) Elements
To establish the offense of illegal window tint (secondary offense), the prosecution must prove beyond a reasonable doubt the following elements:
The vehicle's windows are tinted beyond the legal limit set for visibility or light transmission.
The window tint was present on the vehicle at the time of the stop, as observed by law enforcement.
The window tint was a contributing factor to the stop but not the primary reason for the officer’s intervention.
(c) Defenses
Defenses against a charge of illegal window tint may include:
The defendant can provide documentation or proof that the tint complies with legal standards, such as certification from a tint installer.
The defendant’s vehicle was not the subject of a primary traffic stop for window tint, but the tint was observed incidentally.
The tint on the windows was installed for protective or aesthetic purposes and was not intended to violate the legal limits
(d) Aggravating Factors
The court may consider the following aggravating factors when determining the severity of the offense:
The vehicle’s windows were excessively tinted, reducing visibility to the point of endangering the safety of others.
The defendant has a history of repeated violations related to vehicle equipment or window tint.
The window tint was applied in a way that obstructed law enforcement’s ability to see into the vehicle, potentially hindering safety or identification.
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