PSNJ, Ironbound Media

Ocean County Prosecutors Office,

This is a request for public records made under OPRA and the common law right of access. Please acknowledge receipt of this message.
Records requested:

IN REFERENCE TO:
39:3-74. Windshields must be unobstructed and equipped with cleaners

"No person shall drive any motor vehicle with any sign, poster, sticker or other non-transparent material upon the front windshield, wings, deflectors, side shields, corner lights adjoining windshield or front side windows of such vehicle other than a certificate or other article required to be so displayed by statute or by regulations of the commissioner."

NJ motorists frequently are subject to extortion by police for having "illegally tinted windows", citing the above NJ Motor Vehicle Code statute. I have seen tickets written for slightly tinted windows, to moderately tinted windows. The law does not specify anywhere in its wording that a transparent light-reducing film is not allowed. While the language of this statute is highly questionable, and the practice of police using this statute as a revenue generating tool is even more questionable, the hypocrisy of this issue is overwhelming. Many official police vehicles have "blacked out" or "limo-tinted" front side windows and even windshields. What's worse, is that many personal vehicles belonging to police officers (and even their spouses or children), have the same dark tinted windows, in supposed violation of the same law which they then enforce on the general public but not themselves.
So which is it? Is it a violation? Or is it not a violation? What allows police to violate this statute which they are so quick to enforce on the general public? Why are THEY exempt from a law which is allegedly for the safety of all motorists? This is LITERALLY a lack of transparency.

I therefore request the following:

-Any and all laws, statutes, ordinances, policies,
references, directives, memos, etc., referring to the exemption and/or selective enforcement of county and/or municipal agency official police vehicles being allowed or not allowed to have tinted front side windows and/or windshields.

-Any and all laws, statutes, ordinances, policies,
references, directives, memos, etc., referring to the exemption and/or selective enforcement of county and/or municipal agency police officers' personal vehicles being allowed or not allowed to have tinted front side windows and/or windshields.

-Clarification from the Prosecutors Office whether it IS or IS NOT legal for official police vehicles to have tinted front side windows and or windshields, and if so, what percentage of light transmittance is required.

-Clarification from the Prosecutors Office whether it IS or IS NOT legal for police officers' personal vehicles to have tinted front side windows and or windshields, and if so, what percentage of light transmittance is required.

-Any and all laws, statutes, ordinances, policies,
references, directives, memos, etc., referring to the enforcement of "tinted window" statutes 39:3-74 and 39:3-75.

-Any applicable case law the OCPO is aware of referring to the above.

-Any and all available statistics on citations and/or summonses written in the Ocean County jurisdiction for "tinted windows", "illegal tint", "39:3-74...", "39:3-75...", etc. during the time period of 1/1/2018 to 6/30/2018, including revenue generated from these alleged offenses.

Sincerely,

PSNJ, Ironbound Media

Deen, Shiraz, Ocean County Prosecutor's Office

1 Attachment

Dear Ironbound Media,

Enclosed, please our office's response to your request for records

Shiraz Deen
Ocean County Prosecutor's Office
Assistant Prosecutor - Appellate Division
Phone: 732-929-2027 Ext. 3623
Email: [Ocean County Prosecutor's Office request email]

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