When a Window Tint Traffic Stop Is Lawful in Pennsylvania

Attorney Answer

A window tint stop is lawful only if the officer had reasonable suspicion of an actual Vehicle Code violation — and Pennsylvania's tint standard is stricter than "the windows looked dark."

75 Pa. Cons. Stat. § 4524(e), within the section titled "Windshield obstructions and wipers," provides that no person shall drive any motor vehicle with any sun screening device or other material which does not permit a person to see or view the inside of the vehicle through the windshield, side wing or side window. Read what that actually requires. The test is whether someone can see into the vehicle, not whether the tint looks dark from outside, and it reaches the windshield, side wing and side window. The subsection also carries exemptions — for manufacturer-installed tinting, for certain government vehicles, and for holders of a departmental medical exemption certificate. If your glass came tinted from the factory, or you hold a medical exemption certificate, that is a defense to the violation itself.

The stop is governed separately by 75 Pa. Cons. Stat. § 6308(b), which authorizes a police officer to stop a vehicle where the officer is engaged in a systematic program of checking vehicles or drivers, or has reasonable suspicion that a violation of the Vehicle Code is occurring or has occurred.

One honest caution before you build an argument on that. Pennsylvania courts treat Vehicle Code stops differently depending on whether stopping the car could yield further evidence of the violation, and how a tint stop is classified is a question your lawyer should research for your court rather than something to assume. What is not in doubt is that the officer needs an articulable basis tied to the statutory standard, and that a general impression about darkness is not that standard.

What you can do

1. Read the citation and write down the exact code section charged and the officer's stated reason. 2. Have the tint measured by a tint or auto glass shop and get a written light transmission reading — before you remove or change anything. 3. If the glass is factory tint, get documentation from the dealer or manufacturer. If you hold a departmental medical exemption certificate, get a copy of it. 4. Photograph the vehicle in daylight from outside, showing whether the interior is visible through each window. 5. Send a written request to the department to preserve the dash camera and body camera recordings of the stop. 6. Respond to the citation by the date printed on it. Paying it is a conviction and it forecloses the argument. 7. If the stop led to any further charge, tell your lawyer you want the validity of the stop litigated — if the stop was unlawful, what followed is subject to challenge.