CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2012 WL 3964979, 2012 Fla. App. LEXIS 15323
...ar was valid. “[A] law enforcement officer is clearly entitled to stop a vehicle for a traffic violation.” Cresswell v. State,
564 So.2d 480, 481 (Fla.1990) (cita *284 tion omitted). Excessive rear-window tint is a noncriminal traffic violation. §
316.2954, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 14507
..., §
316.271 (horns and warning devices), §
316.272 (exhaust system), §
316.293 (noise), §
316.2935 (air pollution control equipment), §
316.2937 (emissions standards), §
316.294 (mirrors), § 316,2952 (windshields), §
316.2953 (side windows), §
316.2954 (windows behind driver), §
316.2955 (window sunscreening material), §
316.299 (ban on rough surfaced wheels), §
316.303 (ban on television receivers), §
316.304 (ban on headsets), §§
316.500-316.555 (weight and length limits), 316.6...
CopyPublished | Florida 4th District Court of Appeal | 2006 WL 3422056
...While driving a four-door Acura, defendant was stopped in the early morning by a deputy who saw what he thought were windows with illegal tinting. He placed a tint meter on the passenger-side door window in the rear seating compartment, which yielded a reading outside the permitted range established in section 316.2954....
...[1] As a result of the stop, defendant was also charged with driving while his license had been revoked and for possession of cannabis, in addition to the improper equipment citation issued for the window tint violation. Defendant filed a motion to suppress, claiming he was unlawfully stopped. He argued that section 316.2954 did not restrict tinting on the passenger-side window in the rear seating compartment....
...Defendant points out that another statute limits window tinting on all windows forward of, or adjacent to, the operator's seat. §
316.2953, Fla. Stat. (2005). Defendant then leaps from that observation to argue that the statutory text "behind the driver" in section
316.2954 does not encompass the window located in the rear-seating compartmentthe one behind the passengerbecause it is not in a straight line behind the driver....
...We do agree that the windows in the rear seating compartment are outside of the section
316.2953 definition because they are neither forward of nor adjacent to the driver's seat. The two statutes must be read together, for they were meant to cover all windows in a vehicle. The text of section
316.2954(1) refers to " any windows behind the driver." [e.s.] All door windows in the rear-seating compartment of this vehicle are necessarily (in varying angles) behind the driver if they are neither forward of nor adjacent to the driver's seat. The text in section
316.2954(1) was meant to include all windows in the vehicle rearward of the driver, whether on the doors or in the middle rear of the vehicle....
...overed by, or treated with any sunscreening material, or other product or material which has the effect of making the window nontransparent or which would alter the window's color, increase its reflectivity, or reduce its light transmittance. . . ." § 316.2954(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2013 Fla. App. LEXIS 3519, 2013 WL 811673, 38 Fla. L. Weekly Fed. D 547
...17th Cir.Ct.2009), and State v. Clancey, 16 Fla. L. Weekly Supp. 1112a (Fla. 6th Cir.Ct.2009) in support of this argument. No evidence was presented that the defendant’s vehicle did not have a rearview mirror mounted on the windshield. The State responds that section 316.2954(2), Florida Statutes (2011), requires rearview mirrors on both sides of a vehicle....
...th side mirrors on both sides that meet the requirements of s.
316.294. Id. Further, the officer testified that the missing mirror rendered the vehicle unsafe, pursuant to section
316.610. We disagree with the State. First, the State’s reliance on section
316.2954(2) is misplaced....
