STATE v. SMITH

A-4 September Term 2021 085635.

276 A.3d 1114 (2022)

251 N.J. 244

STATE of New Jersey v. David L. SMITH, a/k/a Mont, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 28, 2022.


Attorney(s) appearing for the Case

Margaret McLane , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Margaret McLane , of counsel and on the briefs).

William P. Cooper-Daub , Deputy Attorney General, argued the cause for respondent ( Matthew J. Platkin , Acting Attorney General, attorney; William P. Cooper-Daub , of counsel and on the briefs, and Randolph E. Mershon, III , Assistant Mercer County Prosecutor, on the briefs).

Karen Thompson argued the cause for amicus curiae American Civil Liberties Union of New Jersey (American Civil Liberties Union of New Jersey Foundation, attorneys; Karen Thompson , Alexander Shalom , and Jeanne LoCicero , on the brief).

Jonathan Romberg submitted a brief on behalf of amicus curiae Seton Hall University School of Law Center for Social Justice (Seton Hall University School of Law Center for Social Justice, attorneys; Jonathan Romberg , of counsel and on the brief).


N.J.S.A. 39:3-74 prohibits operation of a vehicle with any "non-transparent material" on the front windshield or front side windows. Although the statute predates automotive window tinting, it commonly serves as the statutory basis for tinted window citations. See State v. Cohen

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