Search Rutgers Law Library N.J. Court Opinions

1 State v. Darius J. Carter -- rank: 1000

... than 100,000 drivers annually have been ticketed for violating N.J.S.A. 39:3-33 (section 33), which includes a prohibition against “driv[ing ... concerns, the Court interprets the statute narrowly and holds that N.J.S.A. 39:3-33 requires that all markings on a license plate be legible ... State” “be imprinted” on license plates for passenger cars. N.J.S.A. 39:3-33.2. Yet other statutes authorize specialty plates, which do not ... of its key terms, but amendments to other portions of N.J.S.A. 39:3-33 reflect the Legislature’s concern about the legibility of license ... in that way presents multiple constitutional issues. The relevant statute, N.J.S.A. 39:3-33, reads in part as follows: “No person shall drive ... 2015) (discussing the doctrine of constitutional avoidance). We hold that N.J.S.A. 39:3-33 requires that all markings on a license plate be ...

docket:	a-66-19
court:	NJ Supreme Court
decided:	2021-08-02
status:
citation:
Document Size:	101517

2 State v. Darius J. Carter -- rank: 1000

... than 100,000 drivers annually have been ticketed for violating N.J.S.A. 39:3-33 (section 33), which includes a prohibition against “driv[ing ... concerns, the Court interprets the statute narrowly and holds that N.J.S.A. 39:3-33 requires that all markings on a license plate be legible ... State” “be imprinted” on license plates for passenger cars. N.J.S.A. 39:3-33.2. Yet other statutes authorize specialty plates, which do not ... of its key terms, but amendments to other portions of N.J.S.A. 39:3-33 reflect the Legislature’s concern about the legibility of license ... in that way presents multiple constitutional issues. The relevant statute, N.J.S.A. 39:3-33, reads in part as follows: “No person shall drive ... 2015) (discussing the doctrine of constitutional avoidance). We hold that N.J.S.A. 39:3-33 requires that all markings on a license plate be ...

docket:	a-67-19
court:	NJ Supreme Court
decided:	2021-08-02
status:
citation:
Document Size:	101519

3 STATE OF NEW JERSEY v. JEROME GRIFFIN -- rank: 798

... stated that the vehicle was being operated in violation of N.J.S.A. 39:3-33, which provides, in pertinent part, that '[n]o person shall ... The officer issued summonses to the driver for violations of N.J.S.A. 39:3-33 and N.J.S.A. 39:3-74.1 He ... not have a basis to stop the vehicle for violating N.J.S.A. 39:3-33 because the markings on the rear license plate were not ... plate were obscured, this did not constitute a violation of N.J.S.A. 39:3-33. The State contends that even if the officer erred in ... officers stopped Carter's vehicle for a suspected violation of N.J.S.A. 39:3-33 because the words 'Garden State' were covered on the car ... reasonable suspicion Carter was operating his vehicle in violation of N.J.S.A. 39:3-33 because the words 'Garden State' on the license plate ...

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. MIGUEL A. ROMAN-ROSADO -- rank: 768

... there was reasonable suspicion to stop the car for violating N.J.S.A. 39:3-33, because the license plate frame on the car's rear ... there was no reasonable suspicion to stop defendant for violating N.J.S.A. 39:3-33, and thus the seizure of the gun is inadmissible to ... see the words 'Garden State,' it was Warrington's understanding N.J.S.A. 39:3-33 2 The standard New Jersey license plate, as currently issued ... the basis for his understanding but admitted his assessment that N.J.S.A. 39:3-33 was violated was the sole reason for the stop. Defendant ... s car was justified as Warrington reasonably suspected defendant violated N.J.S.A. 39:3-33 because the rear license plate frame of defendant's car ... motion to suppress . . . based upon the enforcement of the statute, [ N.J.S.A.] 39:3-33, and . . . on a de novo review of the motion ...

docket:	a3703-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-23
status:	Published
citation:
Document Size:	53196

5 STATE OF NEW JERSEY v. LAURA I. MARTINEZ -- rank: 754

... 4258-19 3 'reasonable suspicion' the license plate obstruction violated N.J.S.A. 39:3-33, so he followed the vehicle and 'conducted a motor vehicle ... summonses in connection with the stop, including a violation of N.J.S.A. 39:3-33 for an obstructed license plate. Following the hearing, the judge ... was valid because Licata 'believed the license plate frame violated N.J.S.A. 39:3-33,' which prohibits the operation of a motor vehicle with 'a ... the bottom' of the plate could constitute a violation of N.J.S.A. 39:3-33' to support the motor vehicle stop in light of 'this ... 49 (App. Div. 2003) was 'the only published opinion interpreting N.J.S.A. 39:3- 33.' Roman-Rosado, 462 N.J. Super. at 198. In D.K., we held the word obscure in N.J.S.A. 39:3-33 'reasonably construed, means merely to make [the license plate] ...

docket:	a4258-19
court:	NJ Superior Court Appellate Division
decided:	2021-09-20
status:	Unpublished
citation:
Document Size:	30870

6 State of New Jersey v. Laura Moran -- rank: 700

... 96), as well as improper display of a license plate ( N.J.S.A . 39:3-33) and obstruction of the windshield ( N.J.S.A . 39 ... A. 39:4-96, improper display of a license plate, N.J.S.A. 39:3-33, and obstruction of the windshield, N.J.S.A. 39 ...

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

7 STATE OF NEW JERSEY v. MARCUS DEVINCENTIS -- rank: 667

... found guilty in municipal court of a motor vehicle violation, N.J.S.A. 39:3-33 — obstructing a license plate — and subsequently pled guilty ... of a $36 fine and $33 court costs on the N.J.S.A. 39:3-33 violation, and on the breathalyzer refusal, a $306 fine; $33 ... As a result, defendant was issued a citation for violating N.J.S.A. 39:3-33, prohibiting obstruction of "any marking imprinted" on a vehicle license ... stipulated facts and photographs, the judge found defendant guilty of N.J.S.A. 39:3-33, and accepted defendant’s guilty plea to N.J.S ... novo review, the Law Division found that the language of N.J.S.A. 39:3-33 was "clear and unambiguous on its face" and that the ... State" were wholly obscured, the judge found defendant guilty of N.J.S.A. 39:3-33 and imposed the municipal court's sentence. On appeal, ...

docket:	a4820-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-11
status:	unpublished
citation:
Document Size:	12978

8 STATE OF NEW JERSEY v. JAMES L. ROGERS, JR -- rank: 604

... S.A. 39:4-50.4a, and displaying fictitious plates, N.J.S.A. 39:3- 33. On appeal, defendant asserts the following arguments for our consideration ... S.A. 39:4-50.4a, driving with fictitious plates, N.J.S.A. 39:3- 33, and driving while intoxicated (DWI), N.J.S.A. 39 ... upon inadmissible hearsay to convict him of displaying fictitious plates, N.J. S.A. 39:3-33. This statute provides in relevant part: The owner of an ... capable of producing an unjust result.' R. 2:10-2. N.J.S.A. 39:3-33 prohibits a person from driving a vehicle which displays a ... basis for the Law Division judge's conclusion defendant violated N.J.S.A. 39:3-33, the claimed error 'is of such a nature as to ...

docket:	a2820-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-03
status:	Unpublished
citation:
Document Size:	45058

9 STATE OF NEW JERSEY v. ORLANDO A. HERNANDEZ -- rank: 594

... A. 39:4-49.1, improper display of registration plates, N.J.S.A. 39:3-33, and failure to have a driver's side, external rearview ... or was committing a Title 39 offense, specifically violations of N.J.S.A. 39:3-33 and -71 for, respectively, affixing the temporary registration improperly to ... mirror, which the State asserts are traffic offenses pursuant to N.J.S.A. 39:3-33 and 39:3-71. Haggerty failed to explain how the display of the temporary registration violated N.J.S.A. 39:3-33. For example, he did not assert it was marred by ... than 48 inches from the ground in a horizontal position.' N.J.S.A. 39:3-33. The motion judge's finding that the temporary registration was affixed 'improperly' to the rear windshield in violation of N.J.S.A. 39:3-33 and thereby provided reasonable and articulable suspicion an offense ...

docket:	a1367-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-13
status:	Unpublished
citation:
Document Size:	49651

10 STATE OF NEW JERSEY v. SCOTT DIROMA -- rank: 594

... 2019 Law Division order, which found defendant guilty of violating N.J.S.A. 39:3-33 because he operated his motorcycle with a license plate that ... As a result, defendant was issued a citation for violating N.J.S.A. 39:3- - 33, which provides in pertinent part that the owner of a ... may cause confusion. The judge also found that in enacting N.J.S.A. 39:3-33, the Legislature did not intend to permit owners of motor ... plate was upside down, the judge found him guilty of N.J.S.A. 39:3-33 and imposed the municipal court's sentence of a $106 ... argues that the court, as did the police officer, misconstrued N.J.S.A. 39:3-33 because the statute does not prohibit an upside down license ... plainly visible at all times of the day and night. [ N.J.S.A. 39:3-33 (emphasis added).] Contrary to defendant's argument, he was ...

docket:	a3036-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-28
status:	Unpublished
citation:
Document Size:	13030

11 STATE OF NEW JERSEY v. ELIZABETH M. SILVA -- rank: 564

... A. 39:3-76.2f; improper display of license plates, N.J.S.A. 39:3-33; failure to show registration, N.J.S.A. 39:3 ...

docket:	a1011-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-19
status:	unpublished
citation:
Document Size:	34350

12 STATE OF NEW JERSEY v. HAKEEM S. GAMBLE -- rank: 564

... ommitted. (Raised below). 1. The license plate did not violate N.J.S.A. 39:3-33 and thus did not provide reasonable suspicion to stop defendant ... reasonable suspicion that he was committing a traffic offense under, N.J.S.A. 39:3-33, which provides in part as follows: 'No person shall drive ... Rosado, police pulled over the defendant's vehicle for violating N.J.S.A. 39:3-33 because the license plate frame on the rear of the ... court's decision, interpreted the statute narrowly, and held that N.J.S.A. 39:3-33 requires that 'all markings on a license plate be legible ... obstruction of the marking 'Garden State' is a violation of N.J.S.A. 39:3-33 and provided Flannery with a sufficient basis for the motor ...

docket:	a5556-18
court:	NJ Superior Court Appellate Division
decided:	2021-09-23
status:	Unpublished
citation:
Document Size:	52057

13 STATE OF NEW JERSEY v. DONOVAN LITTLE -- rank: 536

... plate on a car driven by defendant, a violation of N.J.S.A. 39:3-33. As a result of the motor vehicle violation, the officer ... challenging the traffic stop; failure to challenge the constitutionality of N.J.S.A. 39:3-33; failure to invoke the defense of necessity; failure to move ... evidence, his license plate was clearly dangling in violation of N.J.S.A. 39:3-33. Similarly, on the failure to challenge the term 'horizontal' in N.J.S.A. 39:3-33 as constitutionally vague, Judge Mohammed concluded such a challenge would ... MUST EXPLAIN WHY HE FAILED TO CHALLENGE THE CONSTITUTIONALITY OF N.J.S.A. 39:3-33. POINT III THIS MATTER SHOULD BE REMANDED TO THE PCR ... State v. Lopez-Carrera, 245 N.J. 596, 613 (2021)). N.J.S.A. 39:3-33 states a license plate must be displayed 'in a ...

docket:	a0193-19
court:	NJ Superior Court Appellate Division
decided:	2021-10-06
status:	Unpublished
citation:
Document Size:	12502

14 /usr/local/share/www/libweb/collections/courts/appellate/a2149-18.opn.html -- rank: 533

... N.J.S.A. 39:8-1; and fictitious plates, N.J.S.A. 39:3-33. Cangialosi then had the Explorer towed due to the fictitious ... that designated for the motor vehicle in its registration certificate.' N.J.S.A. 39:3- - 33. A-2149-18T4 16 Thus, notwithstanding Cangialosi's unreliable testimony ...

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15 /usr/local/share/www/libweb/collections/courts/appellate/a2572-18.opn.html -- rank: 529

... date on the temporary registration were obscured, in violation of N.J.S.A. 39:3-33. The court then found that the plain view doctrine applied ... plate were obscured by a b racket, in violation of N.J.S.A. 39:3-33. A-2572-18 15 'Both the United States and the ...

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Document Size:	56095