Suppression Where Stop Based Only For High Beam. State V. Scriven 226 NJ 20
Outcome: The judgment of the Appellate Division upholding the trial court’s suppression of the evidence was affirmed.
The trial court and Appellate Division concluded that a motor-vehicle stop based on use of high beam lights violated the Federal and State Constitutions. The language of the high-beam statute, N.J.S.A. 39:3-60, is unambiguous; drivers are required to dim their high beams only when approaching an oncoming vehicle. Neither a car parked on a perpendicular street nor an on-foot police officer count as an oncoming vehicle.
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