Traffic Stop Rights: What You Need to Know When You're Pulled Over in New Jersey

The summer travel season is already in full swing and the Fourth of July is just around the corner. Experts predict that the number of travelers on the roads will break all records this year.

Nearly 71 million Americans plan to travel during the holidays — that’s 5% more than last year and 5.7 million more than before the pandemic — so travelers can most likely expect an increase in patrol cars on the roads. As in years past, the New Jersey State Police will likely deploy dozens of officers to ensure the safety of everyone heading to their destinations.

With crowded streets and increased patrols, the question is: What do I do if I get pulled over by the police? What rights do I have as a New Jersey citizen? Can I be pulled over for hanging my recently gifted graduation tassel on my rearview mirror?

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

For what reasons can the police stop you in New Jersey?

You’re driving with friends on the Garden State Parkway toward the coast when you notice the flash of police lights in your rearview mirror. It seems like only seconds before a police officer is approaching your door.

But what did you do wrong?

Police in New Jersey must have a “reasonable suspicion” that a violation has been committed in order to pull you over. This includes recognizable violations such as speeding, running a red light, failing to yield, talking on a cell phone or not wearing a seatbelt, or equipment violations such as broken taillights or inoperable headlights.

A police officer’s random inspection of a vehicle for violations, such as expired license plates or vehicle registration, to determine whether the car has been stolen, or whether there is a warrant out for the driver’s arrest is constitutionally legal because there is no right to privacy.

Can New Jersey police ask you to exit your vehicle during a traffic stop?

Yes. It is within the discretion of an officer to ask someone to exit a vehicle.

Do you have to show your ID to the police in New Jersey?

Yes, if you are stopped because of reasonable suspicion that you may have committed a violation. State law requires drivers to show their driver’s license, proof of insurance and vehicle registration to an officer upon request.

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Can the police in New Jersey search your car?

Only under three conditions: with an arrest warrant, with the consent of the driver or if there is reasonable suspicion.

Any search of a motor vehicle during a traffic stop without a warrant is unreasonable. However, if an officer can clearly see contraband or can smell the odor of contraband coming from the vehicle, there is sufficient reason to conduct a search.

Under state law, an officer may conduct a search without a warrant under compelling circumstances, such as when he or she believes there is a threat to officers or the public.

Can you refuse a breathalyzer test?

This is not possible unless you want to be subject to additional penalties, such as a longer driving license suspension and higher fines.

Under the state’s implied consent legal doctrine, all drivers must consent to a breathalyzer test when arrested for suspected drunk driving.

And other actions, such as simply failing to respond to an official’s request, consistently avoiding or delaying the test, providing a sample that is too small or weak, or providing only one of two required samples to ensure accuracy, are essentially “no”s under the law.

If convicted of drunk driving, drivers face additional penalties in addition to the consequences, including a suspension of their driver’s license for up to one year.

Can you get pulled over in New Jersey for not allowing a pedestrian to cross?

You certainly can, and so can pedestrians.

Motorists who violate 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 at any location except crosswalks and unmarked crosswalks at intersections can be fined $54 and possibly subject to community service.

Here are the laws:

Drivers must stop and remain stopped when a pedestrian is in a marked or unmarked crosswalk at an intersection, except at crosswalks where traffic is controlled by police officers or traffic signals or where prohibited by municipal, county or state regulations.
Drivers must stop for pedestrians crossing the adjacent crosswalk into which the motorist is turning right at a red light, stop sign, or yield sign.
At intersections where there is no green pedestrian signal for pedestrians but a green signal for motorists, pedestrians must give way to motorists.
Pedestrians must yield to motorists when crossing a road other than at a marked or unmarked crosswalk at an intersection.
When a vehicle stops to allow a pedestrian to cross the road, the driver of another vehicle coming from behind is not allowed to overtake and pass the stopped vehicle.
A pedestrian crossing the road on a green or green signal has the right of way over all vehicles, including those turning.
No pedestrian shall suddenly leave a curb or other safe place and walk or run into the path of a vehicle that is so close that the driver cannot yield.

Can you be stopped for tinted windows or objects hanging from your rear-view mirror?

It’s best to hang the graduation tassel somewhere else in your car, as it’s illegal in New Jersey to hang it or any other small object from your rearview mirror. If the police have a reason to pull you over for this minor offense, it could potentially result in far more serious consequences, such as them finding drugs or believing you might be under the influence.

New Jersey state law states: “No person shall operate a vehicle so constructed, equipped, or loaded as to unduly obstruct the driver’s forward and side visibility.”

The New Jersey Court of Appeals ruled in 2009 that a pair of tiny boxing gloves, 3 ½ inches by 3 ½ inches, hanging about 7 inches from a defendant’s rearview mirror, gave a police officer enough reasonable suspicion to stop the defendant’s car. The stop ultimately discovered drugs in the defendant’s pocket.

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