50 Results for [("N.J.S.A. 39:3-74")]

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1 /usr/local/share/www/libweb/collections/courts/supreme/a-4-21.opn.html -- rank: 1000

... June 28, 2022 SOLOMON, J., writing for a unanimous Court. N.J.S.A. 39:3-74 prohibits operation of a vehicle with any “non-transparent ... this appeal, the Court considers whether a purported violation of N.J.S.A. 39:3-74 based on tinted windows justified an investigatory stop of a ... to window tint violations. Consistent with the plain language of N.J.S.A. 39:3-74, reasonable and articulable suspicion of a tinted windows violation arises ... Defendant was cited for a tinted windows violation pursuant to N.J.S.A. 39:3-74, which provides in pertinent part that “[n]o person ... defendant’s rear windshield could not constitute a violation of N.J.S.A. 39:3-74. It did not give rise to the reasonable and articulable ... equally inapposite. In State v. Cohen, the Appellate Division construed N.J.S.A. 39:3-74 as prohibiting tinted windows that do not meet N. ...

docket:
court:	New Jersey Supreme Court
decided:
status:
citation:
Document Size:	52166

2 /usr/local/share/www/libweb/collections/courts/appellate/a-4-21.opn.html -- rank: 1000

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	52273

3 STATE OF NEW JERSEY v. JEROME GRIFFIN -- rank: 755

... violations of N.J.S.A. 39:3-33 and N.J.S.A. 39:3-74.1 He told the driver he was free to leave ... The officer said he issued a summons for violation of N.J.S.A. 39:3-74 because an air freshener was hanging from the vehicle's ... driver's vision to the front and to the sides.' N.J.S.A. 39:3-74. A-1555-18 6 The judge issued a written opinion ... vehicle stop also was justified by the alleged violation of N.J.S.A. 39:3-74, based on the presence of an air freshener hanging in ... driver's vision to the front and to the sides.' N.J.S.A. 39:3-74. A-1555-18 17 We note that at the suppression ... that he stopped the vehicle for an alleged violation of N.J.S.A. 39:3-74. We also note that on appeal, the State did ...

docket:	a1555-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-13
status:	Unpublished
citation:
Document Size:	35931

4 STATE OF NEW JERSEY v. BRIAN THOMAS BARROW -- rank: 732

... third-degree possession of a controlled dangerous substance (CDS) (cocaine), N.J.S.A. 39:3-74, based on the items hanging from the rearview mirror. The ... motion to suppress, contending that the stop was unlawful because N.J.S.A. 39:3-74 does not prohibit items hanging from a rearview mirror, and ... it falls within the broad parameters of Paragraph 3 [of N.J.S.A. 39:3-74]. It's true that there is no case in New ... committed a motor vehicle violation justifying the stop. We agree. N.J.S.A. 39:3-74 provides as follows: Every motor vehicle having a windshield shall ... reasonable basis for the stop because the third paragraph of N.J.S.A. 39:3-74 applies to the boxing gloves. Defendant responds that the third ... statute. Defendant's argument lacks merit. The third paragraph of N.J.S.A. 39:3-74 applies to vehicles that are "constructed, equipped or loaded ...

docket:	a4334-07
court:	superior court appellate division
decided:	2009-07-31
status:	published
citation:	408 N.J. Super. 509 975 A.2d 539
Document Size:	54875

5 State of New Jersey v. Laura Moran -- rank: 704

... S.A . 39:3-33) and obstruction of the windshield ( N.J.S.A . 39:3-74). In addition to the penalties imposed for violation of those ... S.A. 39:3-33, and obstruction of the windshield, N.J.S.A. 39:3-74. Defendant took the stand, testifying that, on the evening in ...

docket:	a-55-09
court:	supreme
decided:	2010-07-13
status:
citation:
Document Size:	107788

6 STATE OF NEW JERSEY v. JOSE M. ARIAS-MADE -- rank: 693

... matter before it. Ibid.5 The Court next focused on N.J.S.A. 39:3-74. That statute provides: Every motor vehicle having a windshield shall ... from Cohen, 'to the extent that it ties violations of N.J.S.A. 39:3-74 to the standards set forth in N.J.A.C ... driver's vision to the front and to the sides. [N.J.S.A. 39:3-74.] The Court ultimately ruled that under N.J.S.A. 39:3-74, 'reasonable and articulable suspicion of a tinted windows violation arises ... establish a reasonable suspicion of a tinted windows violation under N.J.S.A. 39:3-74, the State will . . . need to present evidence that tinting on ... did not have a reasonable and articulable suspicion to believe N.J.S.A. 39:3-74 was being violated because the testimony at the suppression ...

docket:	a0875-19
court:	NJ Superior Court Appellate Division
decided:	2022-08-12
status:	Unpublished
citation:
Document Size:	45306

7 STATE OF NEW JERSEY v. KHALIL H. HASKINS -- rank: 683

... justify a motor vehicle stop based upon a violation of N.J.S.A. 39:3-74. Id. at 380. In support, we held that A-1767 ... 39:3-75, the parties agree the controlling statute is N.J.S.A. 39:3-74. See Smith, 251 N.J. at 261 (noting '[t]he ... a reasonable suspicion that the car's tinted windows violated N.J.S.A. 39:3-74. In support, he contends the State failed to present evidence ... J. Super. at 380. We also held in that case ' N.J.S.A. 39:3-74 prohibits the use of tinted windows which fail to meet ... from Cohen to the extent that it ties violations of N.J.S.A. 39:3-74 A-1767-22 11 to the standards set forth in ... in Smith was 'to interpret the language of a statute [N.J.S.A. 39:3-74] enacted a century ago,' specifically the term 'non- transparent.' ...

docket:	a1767-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-07
status:	Published
citation:
Document Size:	31777

8 STATE OF NEW JERSEY v. EDWARD BEJARANO -- rank: 668

... Does Not Establish Reasonable Suspicion For A Traffic Stop a. N.J.S.A. 39:3-74 only prohibits aftermarket tinting on a car's windshield or ... reasonable suspicion that the windows on defendant's car violated N.J.S.A. 39:3-74 or 39:3-75. 2. Moreover, The Officer Did Not ... suspicion that the tinting on defendant's rear windshield violated N.J.S.A. 39:3-74. [Id. at 252.] In addressing the issue, the Court conducted ... inapposite.' Id. at 261.3 Next, the Court focused on N.J.S.A. 39:3-74, which provides in relevant part: No person shall drive any ... establish a reasonable suspicion of a tinted windows violation under N.J.S.A. 39:3-74, the State will . . . need to present 3 The Court also ... defendant's rear windshield could not constitute a violation of N.J.S.A. 39:3-74' or 'give rise to the reasonable and articulable suspicion ...

docket:	a2163-20
court:	NJ Superior Court Appellate Division
decided:	2022-09-23
status:	Unpublished
citation:
Document Size:	31947

9 STATE OF NEW JERSEY v. BRYANT I. THOMPSON -- rank: 655

... A Vehicle To Have More Than Two Stop Lights. B. N.J.S.A. 39:3-74 prohibits only those objects hanging from a rearview mirror that ... safety'). As for the object hanging from defendant's mirror, N.J.S.A. 39:3-74 provides, in pertinent part, that '[n]o person shall drive ... had a reasonable and articulable suspicion that defendant had violated N.J.S.A. 39:3-74 so as to justify the stop. Because the State could ...

docket:	a5318-14
court:	NJ Superior Court Appellate Division
decided:	2017-06-23
status:	unpublished
citation:
Document Size:	29774

10 STATE OF NEW JERSEY v. JAMES F. GARNER -- rank: 650

... the first time on appeal, that the tinted windows statute, N.J.S.A. 39:3-74, is unconstitutionally vague, and thus, the stop of his vehicle ... after observing tinting on the front driver and passenger windows. N.J.S.A. 39:3-74 provides in pertinent part: No person shall drive any motor ... s vision to the front and to the sides. While N.J.S.A. 39:3-74 refers to "non-transparent material" and does not actually mention ... not whether the tinting on defendant's vehicle actually violated N.J.S.A. 39:3-74, or for that matter, if the statute is unconstitutional, as ... be untrue, that car windows are tinted in violation of N.J.S.A. 39:3-74, and the standards set forth in N.J.A.C ... required suppression in Puzio is absent here. Defendant argues that N.J.S.A. 39:3-74 is unconstitutionally vague as it offers no guidance as ...

docket:	a0581-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-04
status:	unpublished
citation:
Document Size:	31065

11 STATE OF NEW JERSEY v. JOEL H. COHEN -- rank: 619

... 262 N.J. Super. 204 (Law Div. 1992), concerning whether N.J.S.A. 39:3-74, the amended charge for which defendant was initially stopped, prohibits ... He contends that tinted windows are not a violation of N.J.S.A. 39:3-74 and therefore the stop was invalid. See footnote 2 2 ... A. 2C:39-5b. In Harrison , the judge found that N.J.S.A. 39:3-74, which was enacted in 1921 and last amended in 1937 ... Steinberg's opinion in Oberlton insofar as it holds that N.J.S.A. 39:3-74, because the fact that a defendant is later found not ... which was later amended without objection to obstruction of windows, N.J.S.A. 39:3-74. Footnote: 2 �� 2 In State v. Harrison , the vehicle had ... section, effective November 3, 1975, essentially mirrored the language of N.J.S.A. 39:3-74, except that it omitted the qualifying adjective "non-transparent," ...

docket:	A1102-00
court:	NJ Superior Court Appellate Division
decided:	2002-02-05
status:	published
citation:	347 N.J. Super. 375 790 A.2d 202
Document Size:	21105

12 STATE OF NEW JERSEY v. MALICK THIOUBOU -- rank: 617

... 0716-21 8 However, the court noted the companion statute, N.J.S.A. 39:3-74,5 has been construed to provide a reasonable basis for ... material which causes undue or unsafe distortion of visibility . . . . 5 N.J.S.A. 39:3-74, in pertinent part, provides: No person shall drive any motor ... on a rear windshield does not constitute a violation of N.J.S.A. 39:3-74 based on the plain language of the statute, which only ... w]e hold that the term 'non- transparent' used in N.J.S.A. 39:3-74 is not impermissibly vague and means that reasonable suspicion of ...

docket:	a0716-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-20
status:	Unpublished
citation:
Document Size:	29497

13 STATE OF NEW JERSEY v. DAVID L. SMITH -- rank: 579

... the time of the stop to be in violation of N.J.S.A. 39:3-74 and N.J.S.A. 39:3-75 and because ... U.S. 471, 484-86 (1963). We reject these contentions. N.J.S.A. 39:3-74, states in its entirety: Every motor vehicle having a windshield ... and stating 'it matters not whether the equipment used violates N.J.S.A. 39:3-74, because the fact that a defendant is later found not ... only the windshield and front windows, as it is in N.J.S.A. 39:3-74. See Bernokeits, 423 N.J. Super. at 369 (finding reasonable ...

docket:	a1937-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-06
status:	Unpublished
citation:
Document Size:	29541

14 /usr/local/share/www/libweb/collections/courts/appellate/a0789-16.opn.html -- rank: 563

... Nugent, 125 N.J. Super. 528, 534 (App. Div. 1973)). N.J.S.A. 39:3-74 states in pertinent part: No person shall drive any motor ... heavily tinted. This provided the reasonable suspicion defendant had violated N.J.S.A. 39:3-74. A person 'operates' a motor vehicle when 'he enters a ... requisite reasonable suspicion defendant was operating the vehicle in violation N.J.S.A. 39:3-74, and had the authority to further investigate. ''[P]lain view ... s windows were 'heavily tinted' which is in violation of N.J.S.A. 39:3-[74]. We agree. Police possessed the requisite reasonable suspicion to effectuate ... traffic stop of defendant's vehicle for a violation of N.J.S.A. 39:3-74. Defendant was clearly operating the Jeep at the time of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	21199

15 State v. Charles Fuller -- rank: 563

... the windows were heavily tinted. That, in itself, is illegal. N.J.S.A. 39:3-74 (“No person shall drive any motor vehicle with any ...

docket:	a-129-06
court:
decided:	2009-02-25
status:
citation:	198 N.J. 6
Document Size:	167069

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