Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
State v. Forgione
Citations: 265 N.J. Super. 63; 625 A.2d 557; 1993 N.J. Super. LEXIS 216
Court: New Jersey Superior Court Appellate Division; May 28, 1993; New Jersey; State Appellate Court
The court, through Judge Muir, Jr. J.A.D., determined that N.J.S.A. 39:3-15 does not prevent law enforcement from stopping a vehicle licensed in another state, even if it is owned by a resident of that state, when there are observable equipment violations. The case involved a New York-licensed vehicle stopped by a trooper due to a defective rear brake light and an obstruction hanging from the rearview mirror. After confirming the vehicle's registration indicated the driver was a New York resident, the trooper discovered suspected contraband during a subsequent search. The trial court initially ruled that N.J.S.A. 39:3-15 barred the stop based on the vehicle's out-of-state registration. However, the appellate court reversed this decision, emphasizing that a law enforcement officer cannot ascertain the ownership status of an out-of-state vehicle without checking its registration. The statute allows for such stops and requires compliance with equipment standards unless the vehicle meets the registration requirements of the owner's state. Thus, the trooper acted within his authority in stopping the vehicle and asking for credentials due to the observed violations. New York law mandates that all vehicles on its highways must have two operable stop lamps that emit a red to amber light visible from at least 500 feet when the brakes are applied. Consequently, New Jersey law (N.J.S.A. 39:3-15) does not extend reciprocity to New York residents whose vehicles have inoperable rear brake lights. The court disapproves of any contrary interpretation from State v. Harrison, 236 N.J. Super. 69, 564 A.2d 128 (Law Div. 1989). Furthermore, the court clarifies that police officers can stop out-of-state vehicles with non-operational lights in the interest of public safety, allowing them to warn drivers about the dangers associated with such conditions. The appellate order is reversed.