nope funny thing is that it wasnt wouldnt have matter in the eye of the law.

Example. i got charged with speeding driving without a lisence and evading and eluding. but since we later found out that the officers gun hadnt been calibrated all charges were dismissed without the initial charge nothing else sticks. same principle applies here. if the guys car hadnt been parked on the street there would have been no chance of him hitting it fogged windows or not