Obstructed View Tickets In New York

Published by 28 Comments

Driving While Your View Or Control Is Obstructed

Not too long ago there was public outcry when celebrity pop star Britney Spears drove her car with her baby in her lap.  Obviously it was appalling that a mother would put her child’s life in danger in such a way however the bigger issue was that both Ms. Spears and her child were in danger.

Every day, drivers are found doing dangerous things behind the wheel, whether it’s eating while driving, talking on a cell phone or driving with one foot out the window.  Many times drivers have pets loose in their vehicle and allow the pet to jump on their lap while driving.  In other situations drivers try and fit four people in the front seat while they are driving.

What Does The Law Say About Obstruction of Driver’s View Or Driving Mechanism?

Many of these bad habits behind the wheel can lead to a traffic violation that can cost you in fines, points and increased insurance rates.

Under Vehicle and Traffic Law § 1213 it is against the law to have an obstruction to a driver’s view or driving mechanism. The law states under section (a) of 1213 that no person shall drive a motor vehicle when it is so loaded, or when there are in the front seat such number of persons as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicle. In no event shall there be more than three persons in the front seat of any vehicle, except where such seat has been constructed to accommodate more than three persons and there is eighteen inches of seating capacity for each passenger or occupant in said front seat.  In addition section (b) also states that a passenger in a vehicle shall not ride in such a position as to interfere with the driver’s view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.

What Are The Fines And Penalties For Driving While View Or Control Is Obstructed?

For a first violation of § 1213 (a) or (b) the fine is $150 with a $93 surcharge and 2 points assessed against your license.  A second offense within 18 months becomes a $300 fine and a third offense a $450 fine.  There is a possibility of jail time although it is rarely imposed.

Halifax, NS

It is important to always use safe driving practices when behind the wheel.  Making sure that your view to your front, rear and side windows are not obstructed can help you not only avoid traffic tickets but keep you and your passenger’s safe on the road.  Often we get calls from individuals who are charged with obstructed view simply from having a car freshener hanging from the front mirror. Additionally, one can also be charged if they did not fully clear off any snow or ice on their windows or mirrors.

If you have been issued an obstruction of view or control ticket under New York’s Vehicle and Traffic Law § 1213 (a) or (b) contact The Rosenblum Law Firm at 888-883-5529 today for a free consultation.

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This post was written by Adam Rosenblum

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  • Lauren
    September 26, 2017

    I received a drivers view obstructed 1213a in Orange County New York. I was wondering if it had any points attached with the fee?

    • RLF Attorneys
      September 27, 2017

      Lauren – this is a 2 point ticket with a maximum fine of $150 + $93 court costs.

  • Ahmed harb
    September 21, 2017

    Hi I got pulled over in the town of vienna ny , and I received a driver view obstructed 1213a ticket, all this over a small chain hanging on my my mirror, never thought I would get a ticket for this , I pleaded not guilty and they issued my 2 points on my license and 170 fine , is that right or are they taking advantage ?

    • RLF Attorneys
      September 27, 2017

      Ahmed – this is the correct fine for this violation. This ticket is 2 points, has a maximum fine of $150, and court fees of $93.

  • Dee
    July 5, 2017

    I received ticket for violation 1213(b) Pelham Manor, NY. I had only 1 other passenger in the front seat, however, I had 6 people in the back two people where in the laps of the other people. The description above states that a passenger in a vehicle shall not ride in such a position as to interfere with the driver’s view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle. I was able to have full view of my front and side view mirrors. Can I fight this ticket? and how much will the charge be and points if I plead guilty?

    • RLF Attorneys
      July 5, 2017

      If you are certain you are being charged with 1213(b), I suggest you plead guilty to this ticket as it is a 0 point violation. While you may technically contest this, I suggest considering the cost of contesting this type of violation, with the benefit you would obtain.

  • Sarah
    April 23, 2017

    I received a obstruction of view ticket for a air freshener on my rear view mirror. The NYS trooper told me this was a non moving violation with no points on my license?

    • RLF Attorneys
      April 27, 2017

      This in fact is a zero point ticket. However, it does entail a fine of $150.00

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