Tinted Windows Does Not Create Risk of Death or Injury

New Jersey Appellate Division rules that driving with tinted windows does not constitute driving in a matter that created a risk of death or injury.

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Spears May 31, 2016

Rule:  Don’t drive with tinted windows for driver and passenger front seats.

Facts

On February 16, 2011 defendants vehicle passed a police cruiser which ran an automatic computer license plate search.  At that time the vehicle also had two  front tinted windows; A violation of 39:3–74.    That computer automated DMV search revealed the owner had an outstanding warrant. When the police officer attempted to pull the vehicle over for the tinted windows and the outstanding warrant the driver drive off. As he attempted to drive on to a highway in a dangerous and illegal manner he struck a median barrier and was apprehended.

Decision

At trial the judge told the jury that the defendant could be convicted of second-degree eluding when his actions created a risk of death or injury.  In the jury charge the judge also told the jury they can base their eluding conviction on a violation of chapter 4 of the title 39 motor vehicle code.  However hear the Appellate Division determined that that inference of risk of death or injury could be found as a result of the defendants tinted windows.

The Appellate Division quickly ruled if the jury could speculate and base their nine years state prison term on that chapter 3 violation, the tinted windows alone, the verdict must be overturned.

Accordingly because there could have been confusion and more than one choice for the jury to base its verdict upon, the verdict was in fact overturned and remained for a new trial.

Jeffrey S. Hark, Esq.

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