Comming to you, live from Los Angeles, California!

Question

Something is more than a little strange about C.A. vehicle code section 26710 (defective windshield). In regard to the worded explaination of this code, does it REALLY mean I can be ARRESTED like cuffed and jailed or in this particular instance does the word ARREST mean ticketed with a pending payment of fine or proof of corection of said infraction in 48 hours to the court??? Inquireing minds inquire this of you...

Answer 1

Yes, you can be arrested.  Handcuffed and taken to jail.  That is not done very often, but it is an option.  

A traffic ticket is actually a summons in lieu of arrest.  That means, you get a summons (ticket) telling you that you have been charged with a violation (speeding, windshield, etc) and that you have to take care of the charge through either pleading guilty and paying the fine, or showing up at court to plead not guilty.

The use of actually locking someone up for a traffic violation is limited in real life.  Although some officers do this, not many.

Answer 2

26710 CVC:  It is unlawful to operate any motor vehicle upon a highway when the windshield or rear window is in such a defective condition

as to impair the driver's vision either to the front or rear.  In the event any windshield or rear window fails to comply with this code the officer making the inspection shall direct the driver

to make the windshield and rear window conform to the requirements of this code within 48 hours.  The officer may also arrest the driver

and give him notice to appear and further require the driver or the owner of the vehicle to produce in court satisfactory evidence that the windshield or rear window has been made to conform to the

requirements of this code.

No you will not be taken to jail.  The code section is an infraction only and therefore the "arrest" is a citation and release at the scene.  You would then be required to show proof of correction and pay court costs.

No they do not have the right to search your vehicle based on the citation alone.  However; if during the stop they develop probable cause to search your vehicle then they can.

Tyris  

Answer 3

I can't figure why anyone would live out there. In Ar we stopped the inspections. They were a waste of time and money. And you folks have to worry about going to jail over a cracked wind shield? Get out of there before it falls in the ocean. I figure that Pelosi had something to with anything as crazy as that.

Answer 4

Arrested means you right of freedom is temporarily put on hold while you are to be criminally processed. In the windshield case, if you are stopped by a cop more than once, and you refuse to comply with fixing the windshield, you will be arrested for failure to comply with a police order. Even if your stopped once and fail to comply or understand the violation, you will be arrested because your in dangering your life as well as others.