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    What are your rights if you're pulled over by police in NJ? What to know

    By Lori Comstock, NorthJersey.com,

    2 days ago

    With the summer travel season already in full swing and Fourth of July just around the corner, experts say the number of travelers on the roadway this year is expected to shatter all-time records .

    Nearly 71 million Americans are planning to travel over the holiday period — that's a 5% increase from last year and 5.7 million more than pre-pandemic numbers — so it's more than likely travelers will see an uptick in the number of patrol cars on the roadways. As they have in years past , the New Jersey State Police will likely deploy dozens of officers in an effort to keep everyone safe as they head to their destinations.

    With crowded roadways and increased patrols, it may beg the question: What do I do if I get pulled over by a police officer? What are my rights as a New Jersey citizen? Can they stop me for hanging my recently gifted graduation tassel from my rearview mirror?

    Before you get behind the wheel, learn your rights as a New Jersey driver.

    What are reasons cops can pull you over in NJ?

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    You're driving on the Garden State Parkway with friends heading down the shore when you spot the flash of police lights in your rearview mirror. In what seems like mere seconds, an officer is already approaching your door.

    But what did you do wrong?

    Police in New Jersey must have "reasonable suspicion" that a violation was committed to pull you over. Among those are observable violations such as speeding, running a red light, failure to yield, speaking on a cellphone, or not wearing a seat belt or equipment violations including broken taillights or non-functioning headlights.

    An officer's random check of a vehicle to check for violations, such as an expired license plate or vehicle registration, to see if the car was stolen or if the driver has a warrant out for their arrest, is constitutionally legal since there is no expectation of privacy.

    Can police in NJ ask you to step out of your vehicle during a traffic stop?

    Yes. It is at an officer's discretion to require anyone to get out of a vehicle.

    Do you have to show your ID to police in NJ?

    Yes, if you are pulled over for reasonable suspicion that you may have committed a violation. Under state law, drivers are required to provide their license, proof of insurance and vehicle registration to an officer upon request.

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    Are police in NJ allowed to search your car?

    Only under three conditions: With a warrant, with consent from the driver or with probable cause.

    Any search of a motor vehicle during a traffic stop without a warrant is unreasonable, but if an officer can see contraband in plain view or the officer can smell the contraband emanating from the vehicle, they have probable cause to search.

    Under state law, an officer can conduct a warrantless search under exigent circumstances , such as if they believe either there is a threat to officers or the public.

    Can you refuse a breathalyzer?

    You can't, unless you want to be hit with additional penalties such as a longer license suspension and more fines.

    Under the state's implied consent legal doctrine , all drivers must consent to a breathalyzer when arrested for suspicion of DUI.

    And other actions, such as simply not responding to an officer's request, consistently avoiding or delaying the test, giving a short or weak sample or only giving one of two required samples, which is done to ensure accuracy, is essentially "no's" in the eyes of the law.

    Drivers can see additional penalties on top of the consequences for a conviction for DUI, including up to an additional year with a license suspension.

    Can you be pulled over for failing to let a pedestrian cross in NJ?

    You sure can, and so can pedestrians.

    Drivers found violating New Jersey's Stop and Stay Stopped law face a $200 fine, 15 days of community service and two points on their license . Pedestrians who fail to yield the right of way to motorists anywhere except crosswalks and unmarked crosswalks at intersections can be fined $54 and may face community service.

    Here are the laws:

    • Drivers must stop and remain stopped while a pedestrian is in a marked crosswalk or at unmarked crosswalks at an intersection, except at crosswalks where traffic is being regulated by police officers or traffic control signals, or where prohibited by municipal, county or state regulation.
    • Drivers must stop for pedestrians crossing within the adjacent crosswalk into which the motorist is turning right from either a red signal, stop or yield sign.
    • Pedestrians must yield to drivers at intersections where the pedestrian does not have a green “walk” signal and where drivers have a green signal.
    • Pedestrians must yield to drivers when crossing a road at any point other than within a marked or unmarked crosswalk at an intersection.
    • When a vehicle is stopped to allow a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
    • A pedestrian crossing on a "Go" or green signal has the right of way over all vehicles, including those making turns.
    • No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

    Can you be stopped for window tint? Hanging items from the rearview mirror?

    Best to move the graduation tassel to another spot in your car, since hanging it or any other small object from the rearview mirror is illegal in New Jersey. Once police have justification to pull you over for this minor offense, it could potentially lead to much larger consequences, such as them finding drugs or believing you may be under the influence.

    NJ law states, "No person shall drive any vehicle so constructed, equipped or loaded as to unduly interfere with the driver's vision to the front and to the sides."

    The New Jersey Appellate Court ruled in 2009 that a pair of tiny boxing gloves, measuring 3 ½ inches by 3 ½ inches hanging roughly 7 inches from a defendant's rearview mirror provided an officer with enough reasonable suspicion to stop the defendant's car. The stop ultimately led to the discovery of drugs in the defendant's pocket.

    Window tint on vehicles is tricky, since it is reliant on the percentage of visible light transmission, which is essentially the amount of light that can pass through both the film and a car's original windows. Essentially, state law does not allow window tint on the windshield and both front windows, but you can tint the rear and back windows. The windshield and/or front side windows can be tinted if you are considered medically exempt .

    Email: lcomstock@njherald.com ; Twitter: @LoriComstockNJH or on Facebook .

    This article originally appeared on New Jersey Herald: What are your rights if you're pulled over by police in NJ? What to know

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