Officer’s lack of knowledge as to tinted windows when testifying at a DMV hearing results in a set aside, DMV case dismissed!

An Upland Police Officer failed to adequately testify that he observed illegal car tinting windows that he stopped in April 2016.  The DMV set aside or dismissed the case because the officer was unable to recall the level of tint.  The officer was unable to recall the the level of tint, whether it was “limo” tint or whether he asked the driver if it was after market tint or that the tint was over 30%.  Lacking other observations to establish probable cause, the case was dismissed and my client’s license was returned to him.

The law requires that at least 70% of light be able to transmit through window tinting from the dealer.  Nearly all after market tint is illegal including limo tint.

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