Maintenance Violations

In this archive episode, Dennis explains that maintenance violations apply to out-of-state vehicles as well as in-state vehicles. Recorded on 11/30/2017. State v Forgione 1993 - ALL MAINTENANCE VIOLATIONS DO APPLY TO OUT OF STATE VEHICLES.. STATE v. FORGIONE | https://l.facebook.com/l.php?u=http%3A%2F%2FLeagle.com%2F%3Ffbclid%3DIwAR1XBbNAQoqYJjH8BpTv2KKMTP6b-KjiJuC24lnzoU3xRub9yK1KogSMOFsandh=AT1nCRM0TohsBVsWrTDQO6-XM4qx_WFosPskF-hwlFTT_ADLXfFACb5hMYmdjHxsAgr1O3EdYImBj4_pUg1T7rsWVS6kc8f0HwA27NSALP3fXzZDZUnRE48Ymn6EPalcbipGJ21fPDstfa7xoAand__tn__=-UK-R (Leagle.com) 1993 The court ruled that the provisions of 39:3-15, which exempt from the automobile equipment standards of Title 39 a vehicle licensed in another state and owned by a resident of that state, do not prevent a law enforcement officer in this state from stopping such a vehicle or requiring the driver to produce registration and driving credentials when the officer observes and equipment violation. A Law enforcement officer cannot ascertain whether an out of state licensed vehicle is owned by a resident of that state without checking the registration credentials of that vehicle. It is not unusual in this day in age for a resident of one state to register his car in another state. Consequently, entitlement to the exemption of 39:3-15 cannot be determined until the registration credentials confirm the vehicle in question is owned by an out-of-state resident and properly registered there. The only practical way for that conformation to occur is for the police officer involved to review the appropriate credentials. Tinted Windows – Falls under 39: 3-74 State v Cohen 2002 NJAC 13:20-33.7:(d) A motor vehicle, other than a police vehicle or a motor vehicle for which a medical exemption certificate has been issued by the Motor Vehicle Commission 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. State V. Cohen 2002 - NJ expressly adopts Judge Steinberg’s opinion from State V. Olberton 1992; tinted windows on a motor vehicle is RAS for a stop STATE v. COHEN | FindLaw

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