WINNEMUCCA — A Minnesota man facing a string of charges pleaded guilty to one misdemeanor in Union Township Justice Court on Tuesday (Nov. 29) after Public Defender Matt Stermitz successfully challenged the probable cause for the traffic stop.

Christopher Whelan, 22,  was pulled over for having a cracked windshield by the Nevada Highway Patrol as he traveled on Interstate 80.  He was arrested and charged with numerous misdemeanors, including driving with a broken windshield, driving without a license in possession, possession of marijuana, possession of drug paraphernalia, and additionally with one felony, which was being under the influence of a controlled substance.

However, Nevada has no specific broken windshield statute.  In this case, the defendant was charged with violating NRS 484D.435.

This statute pertains to obstructed windshields, but only where window decals are concerned.

The bolded NRS text reads:  Windshield and windows must be unobstructed.

However, the accompanying text reads:  1.  A person shall not drive any motor vehicle with any sign, poster or other nontransparent material upon the front windshield, side wings or side or rear windows of such vehicle which obstructs the driver’s clear view of the highway or any intersecting highway.

2.  This section shall not apply to any sign, poster or other material displayed in the 6-inch square area of the lower corner of the windshield farthest removed from the driver or to any other material required to be displayed on a windshield or window by federal or state law.

Stermitz filed a motion to suppress the evidence in August.  The motion challenged the validity of the traffic stop.

The Humboldt County DA’s Office later remanded the case back to justice court and dismissed all the charges but one: misdemeanor possession of marijuana.

Whelan pleaded guilty to the charge on Tuesday and was sentenced by Sr. Judge Edward Johnson to pay a $600 fine.

Whelan spent a week in jail following his arrest.  He told the court, “I learned a lot, believe me, I learned a lot.”

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