Question about correctible vs. non correctible infractions in California

I just got pulled over for having window tinting on my front windows. It's very light, I thought that in Calif. it's now legal. The CHP wrote it down as a non correctable infraction, which I take to mean that I'm supposed to just pay the fine.
He also cited me for not having a front license plate, and he put that as a correctable infraction, which I take to mean I'm supposed to install the front plate and then have it signed off by a cop.

Does anyone know what the law actually is regarding window tinting? Can I just pay the fine and be done with it, or will I actually have to have the tint removed or what?


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[I AM ALWAYS LIABLE]

California Vehicle Code § 26708.5. Transparent materials; tinted safety glass

(a) No person shall place, install, affix, or apply any transparent material upon the windshield, or side or rear windows, of any motor vehicle if the material alters the color or reduces the light transmittance of the windshield or side or rear windows, except as provided in subdivision (b), (c), or (d) of Section 26708.
(b) Tinted safety glass may be installed in a vehicle if (1) the glass complies with motor vehicle safety standards of the United States Department of Transportation for safety glazing materials, and (2) the glass is installed in a location permitted by those standards for the particular type of glass used.


California Vehicle Code § 26708. Material obstructing or reducing driver's view; installation, affixation or application of transparent material

(a)(1) No person shall drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows.
(2) No person shall drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle which obstructs or reduces the driver's clear view through the windshield or side windows.
(3) This subdivision applies to a person driving a motor vehicle with the driver's clear vision through the windshield, or side or rear windows, obstructed by snow or ice.
(b) This section does not apply to any of the following:
(1) Rearview mirrors.
(2) Adjustable nontransparent sunvisors which are mounted forward of the side windows and are not attached to the glass.
(3) Signs, stickers, or other materials which are displayed in a 7-inch square in the lower corner of the windshield farthest removed from the driver, signs, stickers, or other materials which are displayed in a 7-inch square in the lower corner of the rear window farthest removed from the driver, or signs, stickers, or other materials which are displayed in a 5-inch square in the lower corner of the windshield nearest the driver.
(4) Side windows which are to the rear of the driver.
(5) Direction, destination, or termini signs upon a passenger common carrier motor vehicle or a schoolbus, if those signs do not interfere with the driver's clear view of approaching traffic.
(6) Rear window wiper motor.
(7) Rear trunk lid handle or hinges.
(8) The rear window or windows, when the motor vehicle is equipped with outside mirrors on both the left- and right-hand sides of the vehicle that are so located as to reflect to the driver a view of the highway through each mirror for a distance of at least 200 feet to the rear of the vehicle.
(9) A clear, transparent lens affixed to the side window opposite the driver on a vehicle greater than 80 inches in width and which occupies an area not exceeding 50 square inches of the lowest corner toward the rear of that window and which provides the driver with a wide-angle view through the lens.
(10) Sun screening devices meeting the requirements of Section 26708.2 installed on the side windows on either side of the vehicle's front seat, if the driver or a passenger in the front seat has in his or her possession a letter or other document signed by a licensed physician and surgeon certifying that the person must be shaded from the sun due to a medical condition, or has in his or her possession a letter or other document signed by a licensed optometrist certifying that the person must be shaded from the sun due to a visual condition. The devices authorized by this paragraph shall not be used during darkness.
(11) An electronic communication device affixed to the center uppermost portion of the interior of a windshield within an area that is not greater than 5 inches square, if the device provides either of the following:
(A) The capability for enforcement facilities of the Department of the California Highway Patrol to communicate with a vehicle equipped with the device.
(B) The capability for electronic toll and traffic management on public or private roads or facilities.
(c) Notwithstanding subdivision (a), transparent material may be installed, affixed, or applied to the topmost portion of the windshield if the following conditions apply:
(1) The bottom edge of the material is at least 29 inches above the undepressed driver's seat when measured from a point 5 inches in front of the bottom of the backrest with the driver's seat in its rearmost and lowermost position with the vehicle on a level surface.
(2) The material is not red or amber in color.
(3) There is no opaque lettering on the material and any other lettering does not affect primary colors or distort vision through the windshield.
(4) The material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or following vehicles to any greater extent than the windshield without the material.
(d) Notwithstanding subdivision (a), clear, colorless, and transparent material may be installed, affixed, or applied to the front side windows, located to the immediate left and right of the front seat if the following conditions are met:
(1) The material has a minimum visible light transmittance of 88 percent.
(2) The window glazing with the material applied meets all requirements of Federal Motor Vehicle Safety Standard No. 205 (49 C.F.R. 571.205), including the specified minimum light transmittance of 70 percent and the abrasion resistance of AS-14 glazing, as specified in that federal standard.
(3) The material is designed and manufactured to enhance the ability of the existing window glass to block the sun's harmful ultraviolet A rays.
(4) The driver has in his or her possession, or within the vehicle, a certificate signed by the installing company certifying that the windows with the material installed meet the requirements of this subdivision and identifies the installing company and the material's manufacturer by full name and street address, or, if the material was installed by the vehicle owner, a certificate signed by the material's manufacturer certifying that the windows with the material installed according to manufacturer's instructions meets the requirements of this subdivision and identifies the material's manufacturer by full name and street address.
(5) If the material described in this subdivision tears or bubbles, or is otherwise worn to prohibit clear vision, it shall be removed or replaced.


In general 2
Tinted windows 3
Validity 1

1. Validity

This section is not unconstitutional as undue burden on interstate commerce as applied to out-of-state driver driving vehicle with tinted windows which did not violate driver's state's law; overruling People v. Fink, 168 Cal.App.3d Supp. 15, 215 Cal.Rptr. 236. People v. Geierman (Super. 1990) 277 Cal.Rptr. 507, 226 Cal.App.3d Supp. 1.

Subdivision (a) of this section prohibiting application of any material or objects to windshield and driver's front side windows of vehicle and incorporating federal standard that light transmission not be at level below 70%, promotes legitimate highway safety concerns and is constitutional on its face. People v. Niebauer (App. 4 Dist. 1989) 263 Cal.Rptr. 287, 214 Cal.App.3d 1278.

Defendant convicted of driving with dark tinting material on side windows of his truck failed to establish that subd. (a) of this section violated commerce clause as applied to him. People v. Niebauer (App. 4 Dist. 1989) 263 Cal.Rptr. 287, 214 Cal.App.3d 1278.

Statute making it unlawful to drive any vehicle with tinted windows unduly burdened interstate commerce and thus violated commerce clause, as there was no showing that statute contributed to highway safety and it was clear that burden on interstate commerce was substantial. People v. Fink (Super. 1985) 215 Cal.Rptr. 236, 168 Cal.App.3d Supp. 15.

This section and § 26708.5 are not unconstitutional; terms used are not unconstitutionally vague, and regulations under federal law and administrative interpretation of statutes and regulations provide an adequate definition of "factory-installed tinted glass or the equivalent replacement thereof." Klarfeld v. State (App. 2 Dist. 1983) 191 Cal.Rptr. 330, 142 Cal.App.3d 541.

2. In general

One driving automobile with solid black curtain over right-hand window thereof, so that he could not see another automobile approaching street intersection, at which they collided, from his right, was negligent. Roselle v. Beach (App. 3 Dist. 1942) 51 Cal.App.2d 579, 125 P.2d 77.

Under Stats.1943, c. 878 [repealed; see, now §§ 4853, 5205], the department of motor vehicles may issue a single metal license plate for each vehicle or may issue one plate and a "sticker" or may issue two stickers to be used on windshield and windows notwithstanding this section. 1 Ops.Atty.Gen. 587.

3. Tinted windows

Police officer who observed heavy tint to windows of defendant's vehicle and that it was harder to look at occupant inside vehicle had probable cause to believe that vehicle was in violation of state law which restricted tinted windows of certain degree and, thus, officer had probable cause to stop vehicle; although officer mistakenly believed that any tinting of vehicle's front windows was illegal, tinting of defendant's vehicle was over twice as dark as tinting that law allowed. U.S. v. Wallace, C.A.9 (Cal.)2000, 213 F.3d 1216, as amended, certiorari denied 121 S.Ct. 418, 148 L.Ed.2d 323.

Highway patrol officer had reasonable, articulable suspicion for stopping vehicle to investigate legality of tinted windows; vehicle slowly passed in front of officer on city street at lighted intersection, tinting of windows was so dark as to appear black and prevent officer from seeing occupants in front seat at nighttime, and officer had considerable experience enforcing tinted window statute. People v. Hanes (Super. 1997) 72 Cal.Rptr.2d 212.

So what is the difference between a correctable infraction (ie. from what I understand, a "fix-it" ticket, and a non correctable infraction?

For the non correctable infraction, do I simply pay the fine? Or, do I have to actually fix the said item?

[I AM ALWAYS LIABLE]

Originally posted by mediahound
So what is the difference between a correctable infraction (ie. from what I understand, a "fix-it" ticket, and a non correctable infraction?

For the non correctable infraction, do I simply pay the fine? Or, do I have to actually fix the said item?

My response:

You'll have to pay the fine, and remove the tint - - or make it so light as to pass the "view test". You'll also re-attach your license plate. You'll go to the CHP station from where the citation was issued, show the officer your corrections, and voila, you're done - - with instructions where to mail your fines.

You cannot merely pay your fines and then keep the tint on your windows or take the license plate off again. The Vehicle Code doesn't work that way. If you keep the tint, and take the plate off again, you'll get another ticket (so, it would be like shampooing. Wash, Repeat, Wash, Repeat).

IAAL

I'm still confused. What is the difference between a correctible infraction and a non-correctible one?

On the back of my ticket, it states that if I have a non correctible infraction, that I simply pay the fine. It would seem to me that when I go to have the car signed off, they would only look at the correctible (ie. fix-it ticket) portion of the infraction, in this case my front license plate.

Correct me if I'm mistaken about the difference between correctible and non correctilbe infractions.

Is a non correctible infraction simple a fix it ticket that has fees associated with it while a correctible one is a fix it ticket that has no fees or what?

[vrzirn]

1. Non-correctible: fix it and pay fine.
2. Correctible: fix it and have it signed off -usually no fine.
Now that is as simple an answer in plain English as you are likely to get.
After you fix these items, if you restore them to unfixed state, you will get more tickets.