Supreme Court of New Jersey

State v. David L. Smith (085635) (Mercer County & Statewide)

June 28, 2022

Summary

The Supreme Court of New Jersey reversed the Appellate Division, holding that the police stop of David L. Smith’s vehicle was not supported by a reasonable and articulable suspicion of a tinted‑windows violation because N.J.S.A. 39:3-74 applies only to front windshield or front side windows that are so dark as to be non‑transparent, and N.J.S.A. 39:3-75 does not govern tint violations. The Court also clarified that the statute is not unconstitutionally vague.