State v. Cohen
Defendant appealed his conviction for operating a vehicle while his license was suspended. State trooper observed car with heavily tinted windows in apparent violation of N.J.S.A. 39:3-75. Defendant was driving car that belonged to his son's girlfriend. Both defendant and son told trooper the windows were legal.
Trooper learned defendant's license was suspended and issued a summons but did not ticket the car for a tinted window violation because defendant was cooperative.
Subsequent investigation showed that defendant's license was suspended for multiple DWI convictions and he was indicted for an upgraded offense. Defendant moved to suppress, arguing trooper lacked reasonable suspicion to stop the vehicle.
Trial judge found trooper credible and denied the motion. The court affirmed for the reasons expressed by the trial judge. Defendant's reliance on State v. Puzio, 379 N.J. Super. 378, was misplaced because defendant did not assert trooper misread the plain language of the statute but merely challenged trooper's factual assessment of how dark the window tinting was.
Source NJLJ April 05, 2021
