WILLEMSTAD - The Dutch Supreme Court has overturned a Curaçao Court of Appeals decision that acquitted a driver for operating a vehicle with excessively tinted windows. The driver had previously been convicted of traffic violations, including driving with front windows that allowed less than the legally required 70% light transmission. During a police inspection, the windows were found to have only 17% light transmission. 

Dispute Over Measurement Standards 

The defense argued that the measuring equipment used during the inspection was insufficiently documented. They pointed out that details such as the device's brand, model, and serial number were not recorded, and there was no evidence to confirm whether the equipment was certified or calibrated. 

The Court of Appeals accepted this argument, acquitting the driver on the basis that the validity of the light transmission measurement could not be verified. 

Prosecution Appeals to Supreme Court 

The Public Prosecutor’s Office (OM) challenged this decision in cassation, asserting that Curaçao lacks specific legislation requiring the certification or calibration of equipment used to measure window tint levels. The OM argued that the Appeals Court incorrectly assumed such regulations existed. 

Supreme Court Ruling 

The Supreme Court sided with the prosecution, emphasizing that the absence of explicit regulations for measuring equipment does not exempt drivers from adhering to traffic laws. The ruling underscores that driving with excessively tinted windows remains a violation, regardless of procedural uncertainties about the measuring equipment. 

Implications for Law Enforcement 

This decision has significant implications for traffic law enforcement in Curaçao. It reinforces the authority of traffic regulations related to window tinting and clarifies that drivers cannot evade penalties by questioning the equipment used to measure compliance. 

The case highlights the need for clear guidelines and standards for enforcement tools while ensuring adherence to safety and legal requirements on the island’s roads.