In the past, we have written several blogs about the importance of suppression in criminal cases in general and specifically with DWI cases. Recently, a court granted a defendant’s motion to suppress in a New York DUI case that was initiated by police officers pulling the defendant over for having tinted windows. The court granted the motion based on a total lack of testimony regarding the officers’ observations of the degree of tint on the defendant’s windows. The court noted that excessive tint is a valid basis for a New York traffic stop. However, here the prosecution failed to elicit evidence that the tint on the defendant’s windows was greater than that which was legally permissible.
The Facts of the Case
The defendant was pulled over by an off-duty police officer based on the vehicle’s tinted windows. The off-duty officer testified that he instructed the defendant to pull over and, through his open window, could smell the odor of alcohol and could see that the defendant’s eyes were watery and bloodshot. The officer also testified that he based these conclusions on his twelve years as a New York City police officer. The officer explained that the only reason he pulled the defendant over was that he noticed “tinted windows.”
The off-duty officer called in back-up, who arrived a short time later. The back-up officer was less experienced than the off-duty officer, but testified to having made between 12-15 DUI arrests in his 15 months as a New York City police officer. The officer also noted that the defendant smelled of alcohol.