(2) A person commits the offense of operating a vehicle with illegal window tinting if the person operates a vehicle registered or required to be registered in Oregon that is equipped with window tinting material that is not in compliance with or authorized by ORS 815.221.
(3) Each offense described in this section is a Class B traffic violation.
(4) A court may dismiss a citation issued for violation of subsection (2) of this section, or reduce the fine that the court would otherwise have imposed for the offense, if the defendant establishes to the satisfaction of the court that after the citation for the offense was issued the windows of the vehicle were modified to comply with the requirements of ORS 815.221. In determining whether the windows of the vehicle were modified to comply with the requirements of ORS 815.221, the court may consider:
(a) A receipt from a business for removing nonconforming window tinting or installation of conforming window tinting;
(b) A written statement by a law enforcement officer indicating that the window tinting was modified to comply with the requirements of ORS 815.221; and
(c) Any other evidence produced by the defendant to show modification or removal of the nonconforming window tinting.
(5) A court may dismiss a citation issued for violation of subsection (2) of this section, or reduce the fine that the court would otherwise have imposed for the offense, if the defendant establishes to the satisfaction of the court that at the time the citation for the offense was issued the person or another person in the person’s household had a physical condition requiring window tinting that produces a lower light transmittance than allowed by ORS 815.221. In determining whether the person or another person in the person’s household had a physical condition that requires window tinting that produces a lower light transmittance, the court may consider any of the following documents signed by a validly licensed physician or optometrist stating that the person has a physical condition requiring window tinting that produces a lower light transmittance than allowed by ORS 815.221:
(a) An affidavit.
(b) A prescription.
(c) A letter on the practitioner’s letterhead. [1995 c.263 §3; 2013 c.216 §1; 2015 c.579 §2]