Dear longshot-ga;
Thank you for allowing me to answer your interesting question. There
are no laws in either state that specifically address the usage of the
substance you mentioned.
Are these substances illegal in those two states?
Unfortunately, the answer is ?maybe?, and I?ll explain why:
The photo blocker technology is a relatively new innovation. It is
almost impossible to detect until the interference has already been
successfully employed. By then it?s obviously too late to do anything
about it. Laws take time to consider before they become official rules
and regulations. The issue about photo blocking has not been widely
tested in courts and opinions from Attorneys General are not rapidly
forthcoming either (being a career law enforcement member myself I can
attest to the latter personally). Having said that, there are laws in
some states that can be CONSTRUED as addressing the issue of blocking
one?s license from being recorded by an automated device, but only
indirectly and vaguely so. Here are some ?obstruction? oriented laws
that you COULD theoretically be violating, but since the issue is
largely an untested one of course a court of law would ultimately have
to determine whether or not the charge was applicable to the alleged
offense(s):
??.
New Jersey
??.
TITLE 2C THE NEW JERSEY CODE OF CRIMINAL JUSTICE
2C:29-3 Hindering apprehension or prosecution.
2C:29-3. Hindering Apprehension or Prosecution.
a.A person commits an offense if, with purpose to hinder the
detention, apprehension, investigation, prosecution, conviction or
punishment of another for an offense or violation of Title 39 of the
New Jersey Statutes or a violation of chapter 33A of Title 17 of the
Revised Statutes he:
(1)Harbors or conceals the other;
(2)Provides or aids in providing a weapon, money, transportation,
disguise or other means of avoiding discovery or apprehension or
effecting escape;
(3)Suppresses, by way of concealment or destruction, any evidence of
the crime, or tampers with a witness, informant, document or other
source of information, regardless of its admissibility in evidence,
which might aid in the discovery or apprehension of such person or in
the lodging of a charge against him;
New Jersey Permanent Statutes Database
http://www.njleg.state.nj.us/Default.asp
??.
TITLE 39 THE NEW JERSEY CODE OF CRIMINAL JUSTICE
39:3-33. Markers; requirements concerning; display of fictitious
or wrong numbers, etc.; punishment
The identification mark or marks shall contain the number of the
registration certificate of the vehicle and shall be of such design
and material as prescribed pursuant to section 2 of P.L.1989, c.202
(C.39:3-33.9). All identification marks shall be kept clear and
distinct and free from grease, dust or other blurring matter, so as to
be plainly visible at all times of the day and night.
??.
New York
??.
S 402. Distinctive number; form of number plates; trailers.
1. No person shall operate, drive or park a motor vehicle on the
public highways of this state unless such vehicle shall have a
distinctive number assigned to it by the commissioner and a set of
number plates issued by the commissioner with a number and other
identification matter if any, corresponding to that of the certificate
of registration conspicuously displayed, one on the front and one on
the rear of such vehicle, each securely fastened so as to prevent the
same from swinging and placed, whenever reasonably possible, not
higher than forty-eight inches and not lower than twelve inches from
the ground; provided, however, that in any registration year for which
only one number plate is issued, such number plate shall constitute a
set of number plates for the time in which such use is authorized,
shall be displayed on the rear of the vehicle and none shall be
displayed on its front, except in case of a tractor, when such number
plate shall be displayed on the front of the vehicle and none shall be
displayed on its rear. [emphasis here is mine] NUMBER PLATES SHALL BE
KEPT CLEAN AND IN A CONDITION SO AS TO BE EASILY READABLE AND SHALL
NOT BE COVERED BY GLASS OR ANY PLASTIC MATERIAL, AND THE VIEW THEREOF
SHALL NOT BE OBSTRUCTED BY ANY PART OF THE VEHICLE OR BY ANYTHING
CARRIED THEREON, except for a receiver-transmitter issued by a
publicly owned tolling facility in connection with electronic toll
collection when such receiver-transmitter is affixed to the exterior
of a vehicle in accordance with mounting instructions provided by the
tolling facility.
NEW YORK STATE CONSOLIDATED LAWS
http://assembly.state.ny.us/leg/?cl=128&a=25
??..
ARTICLE 195
OFFICIAL MISCONDUCT AND OBSTRUCTION OF PUBLIC SERVANTS GENERALLY
S 195.05 Obstructing governmental administration in the second degree.
A person is guilty of obstructing governmental administration when he
intentionally obstructs, impairs or perverts the administration of law
or other governmental function or prevents or attempts to prevent a
public servant from performing an official function, by means of
intimidation, physical force or interference, or by means of any
independently unlawful act, or by means of interfering, whether or not
physical force is involved, with radio, telephone, television or other
telecommunications systems owned or operated by the state, or a
county, city, town, village, fire district or emergency medical
service or by
means of releasing a dangerous animal under circumstances evincing the
actor`s intent that the animal obstruct governmental administration.
Obstructing governmental administration is a class A misdemeanor.
FINDLAW
http://caselaw.lp.findlaw.com/nycodes/c82/a47.html
??..
Now as you can see, it is a matter of interpretation as to whether one
is hindering prosecution, altering his plate or obstructing
governmental operations (the administration of law) under these
particular statutes with regard to placing a photo blocker substance
on your vehicle?s license plates. What seems clear however is that,
currently at least, there are no New Jersey or New York statutes that
specifically name this spray substance and make the mere application
and use of it a criminal offense. The exception of course is the
vaguely mentioned ?plastic coverings?, which are deemed illegal if
they obstruct visibility of the plate ? which in this case the photo
blocker is clearly designed to do.
What?s the bottom line? An officer can charge you with just about
anything. That doesn?t mean you will be convicted of it. Whether it
sticks or not is up to the court because his or her interpretation of
the law doesn?t always coincide with the courts interpretation,
especially in uncharted water like this. In my own opinion (not legal
advice) the use of this material would easily be considered illegal
because it interferes with the administration of law by obstructing
the identity of the violator?s vehicle. On the other hand, to my
knowledge this matter has not been afforded a legal precedent to date
so it?s anyone?s guess as to how a judge would actually interpret it
in court.
I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad-ga ? Google Answers Researcher
INFORMATION SOURCES
DEFINED ABOVE
SEARCH STRATEGY
SEARCH ENGINE USED:
Google ://www.google.com
SEARCH TERMS USED:
MOTOR VEHICLE LAWS
PENAL CODE
CONSOLIDATED LAWS
TRAFFIC LAW
PHOTO BLOCKER
ANTI-PHOTO FLASH
NEW YORK
NEW JERSEY |
