Manassas, VA asked in Criminal Law and Traffic Tickets for Virginia

Q: Just curious, can you really get jailed for second offence on auto tint in VA (class 2 misdemeanor) ? § 46.2-1052

Any person or firm who applies or affixes to the windows of any motor vehicle in Virginia sun-shading or tinting films that (i) reduce the light transmittance to levels less than that allowed in subdivisions 1 and 2, (ii) have a reflectance of light exceeding 20 percent, or (iii) produce holographic or prism effects is guilty of a Class 3 misdemeanor for the first offense and of a Class 2 misdemeanor for any subsequent offense.

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1 Lawyer Answer

A: You could technically be facing jail time since a Class 2 misdemeanor *can* result in the following: confinement in jail for not more than six months and a fine of not more than $1,000, either or both. See Code s. 18.2-11(b). If you have a pretty good record, I would say it is highly unlikely that you would be facing the maximum penalties for a class 2 misdemeanor. Definitely a good idea to hire a criminal defense attorney.

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