[Tango Two]

Tinted windows; therefore, as a reference I enclosed below cases, statutes, and information regarding same.

Note that tinted windows are permitted on police vehicles.

State v. Oberlton, 262 N.J.Super. 204 (Law.Div. 1992), "it is my opinion that a motor vehicle stop based upon a police officer's conclusion that the tinted windows violate New Jersey law is a valid stop."

Negative History: State ex rel. R.M., 343 N.J.Super. 153 (N.J.Super.Ch. Feb 06, 2001)

State v. Cohen, 347 N.J.Super. 375 (App.Div. 2002), “[I]t matters not whether the equipment used violates N.J.S.A. 39:3-74, because the fact that a defendant is later found not guilty does not denigrate the propriety of the initial stop so long as it is based upon a reasonable articulable suspicion that a motor vehicle violation has occurred.�

Unpublished -> 14-2-6079 State v. Lambert, App. Div. (per curiam) (18 pp.) (1) The trial judge committed reversible error when he permitted the police officer to testify regarding the details of his conversation with a confidential informant who was not present in court to testify. (2) Because of the heavily tinted windows in the rear portion of the van, the officer was justified in guarding against the risk posed by unseen vehicle passengers by the only means available to him: opening the rear door to see if anyone was there; and the cocaine, evident on the opening of the door, was admissible under the plain-view exception to the warrant requirement. [Decided March 4, 2004.]

New Jersey Administrative Code 13:20-32.7 -> (d) A motor vehicle, other than a police vehicle or a motor vehicle for which a medical exemption certificate has been issued by the Division in accordance with N.J.S.A. 39:3-75.1 et seq., shall not be certified which has tinted spray or plastic material added to previously approved glazing in the front windshield or windows, vents, wings, deflectors, or side shields to the immediate right or left of the driver, because such condition changes the vision and light transmission properties of the glazing in areas where driver visibility shall not be obscured or obstructed; provided, however, tinted spray or plastic material may be applied to previously approved glazing in the front windshield if such spray or material extends no lower than six inches from the top of the front windshield or such spray or material does not extend below the AS-1 marking on the front windshield.

When a New Jersey registered vehicle has a valid inspection sticker displayed and there's after-market tint; the following statutes can be issued: 39:3-47 (Altering after inspection) and 39:3-77 (Unapproved Equipment).

When a New Jersey registered vehicle does not have a valid inspection sticker and there's after-market tint; the following statutes can be issued: 39:8-1 (Failure to Inspect) and 39:3-77 (Unapproved Equipment).

Some Officers issue 39:3-74 (Unobstructed Equipment) or 39:3-75 (Safety Glass); however, I'm under the non-legal opinion that those statutes are suspect to the actual violation.

FN1: Administrative Code permits window tint behind the driver; however, unless that after-market tint was previously "approved by the commissioner" (which it never is) - it would be a violation.

Thanks...