By Mark Sweet, ESQ

Braylon Edwards, a wide receiver for the New York Jets who has previously been placed on probation after pleading no contest to misdemeanor aggravated disorderly conduct after being accused of punching a man outside a nightclub, was recently arrested for driving while intoxicated according to The Associated Press. Edwards was pulled over in Manhattan around 5 a.m. on Tuesday after police officers noticed the vehicle had excessive tinting on its windows.  After approaching the car the officers noticed a strong smell of alcohol. 

Reasons For Police To Pull You Over

So can a police officer pull over a car for any reason? Here, Edwards was pulled over for overly tinted windows.  In many states, there are limits to how tinted windows can be. One reason that you can have heavily tinted windows is for a medical reason requiring greater protection from the sun’s rays.  Some may argue that the fact police officers noticed heavily a tinted window at 5 a.m. seems to be rather odd.  Others might say this is a case of racial profiling since Edwards is African-American.  Police officers are allowed a fairly wide authority to pull over a vehicle for perceived traffic violations.  These reasons usually include expired tags, failing to come to a complete stop at a light, and, as we have here, heavily tinted windows. 

What’s the Difference Between DUI and DWI?

Here, Edwards is being charged with DWI.  DWI means Driving While Impaired.  DUI means Driving Under The Influence.  Many states will use one term or the other; however, some states do use the two for different crimes.  In New York (where Edwards was arrested) a DWI is for anyone with a blood alcohol level (or BAC) above a .08 (the legal limit), while a DUI is for someone with a blood alcohol level below .07. 

So what do you think, should a police officer be able to pull you over for overly tinted windows? Is this profiling?