Misconceptions abound about police, traffic laws BY KATHY CHANG Staff Writer JEFF GRANIT staff Anything hanging from your rear-view mirror can cost you a $54 fine. Most people have their own perception and misconceptions about police officers, but some misconceptions can be answered simply by asking a member of a police department. For instance, do cops operate on a quota basis to raise revenue for the town? “One big misconception that some people have is the issue about quotas,” said Metuchen Capt. Robin Rentenberg, a 17-year veteran of the force. “It is absolutely illegal in New Jersey for either the chief [James Keane] or I to assign or even expect 20 tickets and 30 tickets a month.” Rentenberg said their 28-member police department enforces many motor vehicle violations. “Traffic is a big issue in this borough [of 13,335],” he said. “Yes, some people get angry when we stop them. They ask if we have anything better to do than stop their vehicle or why don’t we go after the bad guys.” Rentenberg said since the department is aggressive with motor vehicle stops, people tend to think it’s the only thing that their officers do. “They have to realize that motor vehicle stops and writing tickets is only one aspect of our job,” he said. Over the past few years, the Metuchen Police Department has averaged more than 6,000 moving violations a year. “People don’t realize that these stops also lead us to drug and warrant arrests, and either minor or serious offenses,” Rentenberg said. Officer’s discretion New Jersey Motor Vehicle Law – Title 39 – is ever changing and applies to everyone throughout the state. “A lot of these laws are at the discretion of the officer,” said Rentenberg. “Some [officers] more than others stick to the laws. Many people get breaks, but if it’s a violation, it’s a violation.” For example, a person can be pulled over just for speeding but can end up with more than one ticket. “An officer can observe that they have dice hanging from their rearview mirror, which is a violation, and he or she can observe that they have a clear cover over their license plate, which is a violation,” he said. “The officer can issue three tickets for that stop if he or she chooses, or the officer can decide to issue a ticket for just the speeding. It’s to their discretion.” Common violations many drivers do not know • Obstruction of view. Christopher Struben, a defense attorney in private practice in Linden and a former Woodbridge Township municipal prosecutor for five years, said view-of-obstruction tickets are commonly given out by police at night. “It’s more difficult to see at night,” he said. “The ticket can be issued any time of the day, but I’ve seen them given more commonly at night.” The view-of-obstruction violation also includes anything that is on the dashboard or in the back window. Some people put stuffed animals in their back window. “Nothing is technically supposed to be on the dashboard or the back window,” said Metuchen Patrolman David Liantonio, who has been on the force for 12 years. “However, if it’s a small bobble-head doll, it’s unlikely an officer will ticket someone, as long as it’s not excessively blocking their view.” • Clear covers over license plates. “The clear covers get dirty over time and it’s hard to read the license plate number,” Liantonio said. “It doesn’t even matter if the cover is clean, it’s illegal.” • Tinted windows on the two front windows —driver’s and passenger side — and the front and back windshield are illegal. “[This] is also for the officer’s safety,” Liantonio said. “If an officer approaches a vehicle and all the windows are tinted, it’s not safe.” • Colored lights. If a motor vehicle has colored lights other than the standard red and yellow lights, it’s illegal. “Anything that is not put on the vehicle by the manufacturer, it’s illegal,” said Liantonio. • Excessively loud muffler. • Headlights or back lights out or not working. •Cell phone use is a secondary charge. “For example, if an officer pulls someone over for speeding and observes that that person was on their cell phone, the officer can issue the cell phone ticket,” Liantonio said. • Vehicles should stay in the right lane. “A state trooper could pull someone over for ‘failure to keep right’ … even if you are going the speed limit,” Rentenberg said. “If there is traffic on the road, it’s different, but the left lane is a passing lane. Stay to your right.” • Right to search vehicle – The Fourth Amendment of the U.S. Constitution requires that arrests, searches and seizures must be founded upon probable cause —“well-grounded suspicion.” “Anything in plain view is fair game,” Rentenberg said. “Years ago, an officer could ask a person if they could search their vehicle, but nowadays we can’t. We need reasonable suspicion to search someone’s vehicle. “For example, the officer could search the vehicle if he or she smells the odor of marijuana or alcohol,” Rentenberg said. “Or if a person is pulled over for running a red light and the officer observes movement in the vehicle, the officer can reserve his or her judgment to search the vehicle.” A person can then refuse or accept the officer’s request to search. “If the person refuses, we have to ask for a warrant,” Liantonio said.