Driving a vehicle on a street, highway, or public vehicular area in North Carolina in violation of the window tinting restrictions set forth in G.S. 20-127 is a Class 3 misdemeanor. In 2013, there were more than 12,500 charges filed for such window tinting violations. For some drivers, the violation leads to far more serious criminal charges. A police officer who has reasonable suspicion to believe that a vehicle’s windows are tinted in violation of state law may stop the vehicle to investigate. Appellate court opinions chronicle circumstances in which evidence of more serious criminal activity is uncovered during the course of such a traffic stop. See, e.g., State v. Williams, 366 N.C. 110, 110-11 (2012) (vehicle stopped for window-tinting violation; defendant-passenger subsequently arrested after sixty-five pounds of marijuana were found in the vehicle); State v. Davis, __ N.C. App. ___, 721 S.E.2d 408 (2012) (unpublished op.) (defendant’s vehicle stopped for illegal tinting on windows; defendant arrested after marijuana and cocaine found in vehicle). So what are the window tinting requirements? They are different for windshields and windows. Windshields. Generally, the windshield of a vehicle may be tinted only along the top of the windshield and the tinting may not extend more than five inches below the top of the windshield or below the AS1 line of the windshield, whichever measurement is longer. G.S. 20-127(b). An untinted clear film that does not obstruct vision but reduces or eliminates ultraviolet radiation may be applied to windshield. Windows. Any window of a vehicle other [...]
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