Roxbury Police Chief: Officers won’t stop ticketing tinted windows

ROXBURY – While Jesse Wolosky’s summons for tinted windows in Roxbury may have been overturned in October, Police Chief James Simonetti said he told his officers to continue to issue the ticket under a different summons, citing officer safety as the main justification for the tickets.

Wolosky previously said Simonetti told him if his ticket was overturned, Roxbury would no longer issue the summons.

“In regards to the comments made by Mr. Wolosky, I advised him if it was determined the summons was wrong, and we were wrong for issuing the summons, then I would advise my officers to stop issuing that ticket,” Simonetti said.

Simonetti said Wolosky’s ticket was overturned because the wrong summons was issued, so the department would continue to issue tinted windows tickets under the correct one.

“I believe Mr. Wolosky brings up good legal arguments, but I believe the wrong summons was issued,” Simonetti said. “The judge made his decision based on the information that was provided to him, but I think a different statute would have led to a different conclusion.”

Wolosky was issued a summons under statute 39:3-75, when Simonetti said he should have been issued a summons under 39:-74, which reference a “lack of transparency” into the vehicle.

Statute 39:3-74 says windshields must be unobstructed.

“No person shall drive any motor vehicle with any sign, poster, sticker or other non-transparent material upon the front windshield, wings, deflectors, side shields, corner lights adjoining windshield or front side windows of such vehicle other than a certificate or other article required to be so displayed by statute or by regulations of the commissioner,” reads the statute. “No person shall drive any vehicle so constructed, equipped or loaded as to unduly interfere with the driver's vision to the front and to the sides.”

Simonetti said under this statute, an officer issuing a ticket would not need to measure the tint of the window.

“Basically one is safety glass and the other is obstructed windows,” Simonetti said. “Under that statute there would not need to be an interpretation made like the other statute, so the officer would not be required to measure the amount of tint.”

The statue says the only people exempt would be for medical purposes.

“Information was provided to officers that if someone was in violation of tinted windows to issue the statute 39:3-74,” Simonetti said.

Wolosky said statute 39:3-74 still does not apply to tinted windows.

“That statute has nothing to do with it. Maybe that’s why he’s the police chief and not an attorney, because he doesn’t appear to understand the language of the law. The chief is just wrong,” Wolosky said. “What does the word transparent mean? Able to see through. Tint is transparent. Can I see through tinted windows? Of course I can.”

Simonetti said 39:3-74 is an important statute to ensure the safety for officers, especially in the evening hours.

“Safety is important, and it’s already harder to see into a vehicle at night. With tinted windows you have no idea what’s going on as you’re approaching the vehicle,” Simonetti said. “I think the law is pretty clear on that.”

Wolosky said statutes are created for the operator of the vehicle, not for police.

“The bottom line is this statute is irrelevant to 2014,” Wolosky said. “He’s reaching for the moon but there’s nothing there. The chief is being stubborn and it’s going to cost Roxbury.”

Wolosky still plans to OPRA all tickets issued under that statute every week.

“He has a right to OPRA, which we comply with,” Simonetti said. “He had a problem with the summons he was issued, but in my opinion my officers have the right to issue it.”

Wolosky said he has been contacted by two attorneys is considering filing a civil action lawsuit against Roxbury, in an attempt to stop what he calls the township’s “cottage industry” of ticketing for tinted windows.

“We are reaching out to anyone who has gotten new tinted window tickets so I’m putting Roxbury on notice,” Wolosky said. “And I’m going to be driving around Roxbury in my car with tinted windows, so if I get pulled over and ticketed I’ll be head of the class.”

Staff Writer Michael Izzo: 973-428-6636; mizzo@dailyrecord.com