CNJ+ November 2024

MAY 2023 Th e second violation relates to items hanging o ff of your rearview mirror and other obstructions of the windshield and front side windows. New Jersey law prohibits the operation of any vehicle which is “constructed, equipped or loaded” so as to “unduly” interfere with the driver’s vision. New Jersey case law has held that items hanging from the rearview mirror could fall under the language of this statute. However, the statute also includes the existence of stickers, signs, radar detectors, navigation systems or any other device or mechanism attached to the front windshield. Th e third violation relates to tinted windows. Th e same statute that restricts the hanging of anything from the rear view mirror also has been construed to hold that tinted windows constitute such an obstruction of view and, as such, the tinting of any three of your front windows would constitute appropriate cause for a law enforcement o ffi cer to pull you over even where you have not committed a moving tra ffi c violation. Th e fourth violation relates to broken lights on your vehicle such as headlights, taillights, brake lights and signal lights. Even where you have not committed a moving tra ffi c violation, a law enforcement o ffi cer has appropriate cause to e ff ectuate a tra ffi c stop where he observes that one of your lights is not operational. It should be noted that the fi nes and penalties for these violations, in and of themselves, are not excessive. However, as is o ft en the case, the law enforcement o ffi cers, upon e ff ectuating a tra ffi c stop will then observe that the driver or passengers in the vehicle have violated other motor vehicle and/or criminal statutes such as driving while intoxicated (DWI), driving under the in fl uence (DUI), possession of controlled dangerous substances (CDS), possession of drug paraphernalia, open containers of alcohol in a vehicle, possession of a weapon or any other o ff enses which the o ffi cer may observe during a tra ffi c stop. Once you are pulled over for a valid reason, it is di ffi cult for an attorney to challenge the tra ffi c stop on the basis of articulable suspicion or probable cause. Accordingly, in light of all of the above, it is prudent to make sure that your motor vehicle complies with all of the above statutes in order to prevent being pulled over by law enforcement even where you have not actually committed a moving tra ffi c violation. JOHN T. BAZZURRO, Esq. CERTIFIED BY THE SUPREME COURT OF NEW JERSEY AS A CIVIL TRIAL ATTORNEY LAW OFFICES OF JOHN T. BAZZURRO, LLC 200 Meco Drive, Millstone Township, New Jersey 08535 Phone (732) 410-5350 Fax (732) 810-0006 premiums lower and, potentially, to avoid the suspension of your driving privileges where you are in danger of accumulating 12 motor vehicle points which will result in a temporary suspension of driving privileges. However, it should be pointed out that there are a number of situations in which your acceptance of such a “no point” or “zero point” plea bargain may adversely affect your rights without your knowledge. One such situation is where you have already previously pled guilty to unsafe driving on more than one occasion. Your third guilty plea to unsafe driving within a certain period of time will subject you to four motor vehicle points when you may be under the mistaken belief that you will not be receiving any motor vehicle points. Another such situation where you potentially will need legal representation is where the low-level motor vehicle violation is the result of a motor vehicle accident. The bottom line is that, regardless of what type of motor vehicle violation you are charged with, you should seek the advice of an attorney before appearing in Municipal Court by yourself and entering into a plea bargain which may subject you to other legal ramifications of which you were not aware. Typically, when we receive a call for a motor vehicle violation, we initially attempt to obtain as much information as possible from the potential client to determine whether or not they will require legal representation given their individual circumstances. Accordingly, please feel free to contact us to discuss your individual situation to determine whether or not legal representation is required. Avoid Being Pulled Over by The Police? By John Bazzurro Obviously, the easy way to avoid being pulled over is to refrain fr om violating any tra ffi c violations. However, in my practice, I have recently seen a number of people pulled over for reasons other than moving violations under the tra ffi c code. Because the fi rst defense for attorneys in representing individuals in municipal court is to challenge whether or not the o ffi cer had appropriate cause under New Jersey law to actually make the stop in the fi rst place, any “legal” reason that an o ffi cer has to e ff ectuate a tra ffi c stop makes the attorneys’ defense of any case much more di ffi cult. Other than moving violations, the four most used violations by o ffi cers to validate a potential, otherwise “illegal” tra ffi c stop have to do with simple equipment violations that can be resolved rather quickly and inexpensively. Th e fi rst equipment violation relates to the “improper” covering of a license plate by a license plate frame. License plate frames are generally the plastic “frames” that are given out by most car dealers or that can be bought in any automotive store. New Jersey law prohibits a motor vehicle from having a license plate frame which conceals or otherwise obscures “any marking” on the license plate. Th us, if a portion of the words “New Jersey” or “Garden State” is obscured on your license plate in any way, a police o ffi cer has the legal right to e ff ectuate a tra ffi c stop. Certified by the Supreme Court of New Jersey as a Civil Trial Attorney Member of New Jersey and New York Bars JOHN T. BAZZURRO, Esq. JARED SPARNROFT, Esq. 200 Meco Drive, Millstone Twp., NJ jtbazzurro@bazzurrolaw.com • BAZZURROLAW.COM

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AREAS OF PRACTICE: • Municipal Court Practice, Including Defense of DWI, Traffic Tickets and Non-Indictable Offenses • Workers Compensation

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Certified by the Supreme Court of New Jersey as a Civil Trial Attorney Member of New Jersey and New York Bars Jared Sparnroft, Esq. 200 Meco Drive, Millstone Twp., NJ Email: jtbazzurro@bazzurrolaw.com 732-410-5350 • www.bazzurrolaw.com

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NOVEMBER 2024 The Greater Princeton Area - ASK THE DOCTOR September/October 2016

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