7.748 — UNDERGLOW & ILLEGAL VEHICLE LIGHTING

Violations of "Statute 7.748" results in an Infraction and a fine of $500

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(a) Definitions

Underglow lighting refers to the installation of lights underneath a vehicle, often used for decorative purposes. While underglow lighting is permitted, certain restrictions apply regarding the color of the lighting and the use of flashing lights. Specifically, red and blue underglow lighting is prohibited. Additionally, flashing lights on vehicles are subject to state regulations and must have official state-approved documentation for authorization.

(b) Elements

To establish the offense of underglow and illegal vehicle lighting, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant had installed underglow lighting on their vehicle.

• The lighting included red or blue variations, or flashing lights that were not authorized by the state.

• The defendant did not provide official documentation of proper authorization for flashing lighting when requested by a peace officer.

• The lighting installation violated the color restrictions outlined by law (i.e., red and blue).

(c) Defenses

Defenses against a charge of underglow and illegal vehicle lighting may include:

• The defendant can provide valid, state-approved documentation for the use of flashing lights.

• The defendant’s underglow lighting did not include red or blue colors or any prohibited flashing light patterns.

• The defendant was unaware that the installed lighting violated regulations due to unclear signage or inadequate information.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The underglow lighting was installed in a manner that resembled or resembled flashing emergency vehicle lights, potentially causing confusion with law enforcement.

• The violation occurred during a situation where the defendant's vehicle posed a risk of impersonating law enforcement (e.g., during a public event or near an active investigation).

• The defendant has a history of traffic-related violations or failed to comply with previous warnings related to illegal vehicle lighting.

(e) Extra Notaries

This charge may also be considered a violation of Statute 4.412, should the lighting be used in a way that could deceive or confuse the public or law enforcement into believing the vehicle is an emergency vehicle.