Anyone who has ever loaded up their backseat with so much stuff that they can barely see out the rear window should be aware that they are committing a traffic violation. Under VTL 1213 Driver’s View Obstructed, any time a person can’t see out of the windshield, side view or rearview mirrors, he/she can get hit with a summons for having an obstructed view.
What Does the Law Say About Obstruction of Driver’s View or Driving Mechanism?
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 “[n]o 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 are 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.”
How Much Obstruction is Illegal under NY’s ‘Obstructed View’ Law?
The answer is, shockingly, “not much.” The sad reality is that a driver can receive a ticket for nothing more than that dancing hula doll in the back window or for hanging a pair of fuzzy dice from the mirror. It may seem petty, but the number of people ticketed for things like a simple air freshener is surprisingly high. In fact, anyone who has ever had or currently uses a handicapped parking tag may have noticed that the tag specifically states to take it down while driving and only hang it after parking.
Can Ice or Snow on the Windshield Mean an Obstructed View Ticket?
Yes! In the winter season, many drivers also find themselves with tickets for an obstructed view because they failed to clear off all the snow or ice from their car. Don’t forget about that pile of snow on the roof, too! Should it slide down the rear window while driving, a person could skid right into a costly ticket.
People Can Also Be an Obstruction!
As indicated by the statute, having too many people in the car can result in a ticket as well. For example, having a third person in the front seat can be considered an obstruction (unless the car has old-school bench seats designed for a third person upfront). Likewise, a driver may want to think twice about asking his pro-wrestler buddy to squeeze into the middle rear seat of his sedan; those massive shoulders and head could be grounds for a citation.
Impact on Criminal Law: Pretextual Stops
The courts have ruled that a pretextual stop is legal. A pretextual stop is when an officer pulls over a driver for a minor traffic violation and then proceeds to investigate an unrelated, suspected criminal offense. Therefore, something as minor as an obstructed view can be reason enough for a police officer to pull over a vehicle, even if the driver isn’t doing anything else wrong (e.g. speeding). Once the vehicle is pulled over the police will often be on the lookout for other things that seem amiss, such as the smell of alcohol or marijuana, the presence of drugs, or weapons that are in plain view. The plain view doctrine states that anything that an officer can see through the car windows is considered fair game. If the officer sees any such illegality it can lead to criminal charges for drug possession or weapons possession.
It’s Not Just the View: Obstructed Control
VTL 1213 covers more than just the driver’s ability to see out of the windows and utilize the mirrors; it also makes it a violation to allow a person or object to obstruct control of the vehicle. For example, having a small dog on one’s lap can limit one’s ability to steer, and thusly result in a ticket. The example above about having too many people in the front seat can also potentially obstruct control.
What Are the Penalties for an Obstructed View ticket?
A ticket for an obstructed view means facing a fine of up to $150 with an NYS surcharge of $88 or $93 (depending on where the ticket was issued) and 2 points on one’s license. A second offense in 18 months can mean a fine of up to $300 fine and a third offense costs as much as $450. If you or someone you love has been ticketed for an obstructed view, you need to help of a skilled attorney to avoid the fees and points that come with a conviction. The lawyers of the Rosenblum Law are experienced traffic ticket attorneys with offices in New York and New Jersey. Email or call 888-883-5229 for a free consultation about your case.
Got a obstructive of view cuz mud on some windows ..the original reason why pulled me over cuz the officer thought my muffler was loud but she was not sure if was mine or not her words .
Then she said my windows were dirty never heard of this law
Hello, having an obstructive view is a law in NYS. This is a 2 point ticket with a maximum court fine of $243.
Live in AZ passed thru Tullytown NY and was pulled over for obstructed view of a work badge on a string hanging off the rearview mirror. Tried calling the court and they said had to plead guilty in order to know the fine. this seems a little bit off.
James - this is a ticket for 'driver's view obstructed,' it is a 0 point ticket with a maximum penalty of $213.00.
I recently received a ticket for Drivers view obstructed in Bath, Town of Steuben he said I will not get points on my License. Is that true? Also I am pleading guilty but don't know how much is the fine. Do I mail it in and then wait for the courts to send me the fine? I just want to make sure I am doing it right. I would appreciate any help that you can give me.
Angie - drivers view obstructed is a zero point violation. The fine amount is set by the court, and is generally around $213.00.
I just got a ticket for having a car scent tree hanging from my mirror... Can I plead not guilty? I don't see any other cars getting pulled over for this??
Obstructed view is a 0 point, fine only ticket. It is a traffic offense to have your view obstructed by any item hanging from your mirror but this ticket will not add points to your record.
Rosenblum Law
888-883-5529
i was given a ticket for Drivers View Obstructed, due to a problem corner where you can see the Stop Sign. the officer stated he will give a ticket for Drivers View Obstructed, because he was assigned that location to give tickets. He stated that it will only be a fine and no points off my license. I need some clarification.
You will need to pay a financial penalty, but this will not add points to your driving record, nor will it impact your insurance rates.
I received a Uniform Traffic Ticket in Chemung, NY for violation of Drivers View Obstructed, section 37530. The police officer said there are no points, is this correct?
That is correct. A ticket issued for driver's view obstructed under 375-30 is a 0 point violation.
I just received an "Drivers View Obstructed" ticket in NYS (Orange County), under Section 37530. I had one of those suction cup devices holding up my cell phone. It was low enough (and I sit high up enough) where it only obstructed my view of the hood, not the road.
Any way to fight this?
Steve, as this violation is 0 points, I would suggest pleading guilty and paying the fine - assuming this was the only ticket you received at the traffic stop.
I recently received a summons under 1213A for driving with a dog in my lap. The dog came out of his carrier, which opens between the driver and passenger seats. I was in the process of getting the dog back in the carrier when I was pulled over and issued a summons. It looks like 2 points plus a fine. Is this worth fighting?
In order to provide further information, please let us know what the location of this ticket was, and where you are licensed to drive.
Hi I just received the section. 1213 obstructing drivers vehicle. My trunk was open bcaz I have the cycle. I have the new jersey license. Can I plead not guilty? If I pay fine did they take my points?
Temoor - Please clarify the violation code, as 1213(a) is a 2 point violation, and 1213(b) is a 2 point ticket.
Recd a ticket in Suffolk county for obstructed view (1213A) . What are the ramifications of that ticket?
This 2 point violation carries a maximum penalty of $243. Many times, officers will give a ticket such as this, in lieu of a more serious violation - such as a speeding ticket.
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?
This in fact is a zero point ticket. However, it does entail a fine of $150.00
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?
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.
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 ?
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.
I received a drivers view obstructed 1213a in Orange County New York. I was wondering if it had any points attached with the fee?
Lauren - this is a 2 point ticket with a maximum fine of $150 + $93 court costs.
I just got a 'Driver's View Obstructed" section 1213A ticket. Am I able to plead "not guilty" and send pictures that the view is not obstructed? Will I have to go to court in this case or will the ticket be dropped? If I plead guilty what are the consequences?
Jessica - while you are able to plead not-guilty and contest this 2 point ticket, a current picture of the view in question would likely not assist you here. The issue will be whether the view was obstructed at the time of the offense.
My son received a 1213 a ticket for having an air freshner the officer said he was doing my son a favor by charging him obstructed view instead of 38 in a 30. However it seems he still gave hi'm a 2point on his license. Since he has a class A ( a cdl ) and is licensed in MA. It actually is a big deal to get a surcharge. My son was visiting the area and didn't see the speed limit change from the standard 50 to a village.. Why are some people charged 1213 b and some 1213 a and some 37530. This all seems slightly odd there isn't a standard for them to follow. It happened in Sovna, NY a state trooper.
Officers have wide discretion regarding the final charges they issue against drivers. It appears though that the officer gave your son a 'roadside reduction,' which is effectively a plea offer before the actual court hearing. While you may still contest this violation, we frequently find that plea bargaining is no longer possible after a roadside reduction has been given.
my son received a ticket on his way to college. They pulled him over for no reason except for the area he was driving through. When they pulled him over they asked why he was in that area. He said he was on his way to school which was right up the road. they said he should be going down the main road, but he explained that he was late to his final and was taking the back way because of all the traffic. He explained that he could not be late to class, and then they made him stay there for a while. They came back with a drivers view obstructed ticket. I am asking what he should do? It wasn't like they were going to give him another ticket and reduced it to this ticket. They couldn't find anything else wrong so gave him this ticket. Should we fight this? I don't want him having any points on his license or insurance.
The ticket that was issued against your son is a zero (0) point violation. Barring a specific reason to the contrary, we generally advise against contesting these violations.
For obstructed view tickets, does the officer have to state what was obstructing the view? If they fail to state this on the ticket, will the ticket be dismissed? My ticket only says "obstructed view" with no details. Should I just plead guilty and pay?
I generally believe 0 point violations such as this one are not worth contesting in court.
I received a Section 37530 obstructed view violation in NY as I was pulled over for doing 60 mph in a 45 mph zone.
The officer gave me a break with the lesser non-moving violation. My understanding is that no points would be issued with a 37530 violation. Is this correct?
My other question is: Will this seemingly innocuous violation be a part of my permanent driving record to be viewed by any officer in a subsequent traffic stop?
Yes that is correct. This violation should not impact you for any future traffic offenses.
I received a ticket for Section 37530 "Driver's view obstructed" due to my cat being on my dashboard.
This is my first time being stopped by an officer for this and I rather disappointed get a ticket instead of a first time warning.
Is this worth contesting in court?
This is a 0 point violation, and as such we generally would not recommend contesting this in court.
I recently moved to ny state from fl i borrowed someones car and got pulled over and the officer told me my view was obstructed by a air freshner on the mirror i explained to him that insimply didnt know as i just moved here from fl i have had my lisence for 20 years and have a clean driving history and in fl was classified as a safe driver appologiesed and pulled down the airfreshner he still issued me a 1213 a citation shoukd i attempt to fight it and try and get it reduced i really dont want the 2 points on my lisence over something so stupid
John - you may attempt to contest this 2 point violation. The procedures for doing so, however, would depend on the location of the incident. New York has two different court systems with significantly differing procedures.
I received a driver's view obstructed ticket on the thruway in Westmoreland.
Can I just remove the item, take a picture and send it in with the ticket? Should I go to court, or just pay it?
Margaret - As this is a 0 point ticket, we generally suggest paying it rather than contesting this matter at court.
37530 obstruction of view in wheatfield NY is this going to be points and a high fine or just a fine..
This is a 0 point violation with a fine only.
I received a ticket upstate NY in the Town of Romulus, Seneca County. I was speeding and the officer helped me out by switching the violation to Drivers View Obstructed, section 375-30. I understand that this is a 0-point violation however approximately 17 months ago I received a speeding ticket in NYC which my attorney is taking care of via postponing the court date so my insurance will not hike up. My question remains if I plead guilty to this violation, section 375-30 Drivers View Obstructed, will my insurance go up? I am almost completely convinced it would not due to the fact that I believe a 375-30 is a non-moving violation. Thank you for your time and help.
Hello Shiv, your insurance rates should not be impacted due to this violation.
Thank you for your question.
I just got a ticket for obstruction of view. The only items hanging from my mirror were my student parking pass, an air freshener and my rosary beads. Will the court throw it away if I take the stuff down?
Hello Sam and thank you for your question. This ticket is issued for the items present at the time of stop, and is often given in lieu of a more serious violation. You may contact us if you would like to discuss this matter further. Please feel free to contact us at 888-883-5529.
I received a ticket for something very similar to what most of the people here did - having an air freshner hanging from the rear view mirror. The violation is 375 30 and was issued in Harrison - Westchester County. From looking at the responses, the points seem to differ compared to 1213. So in my case, are there any points with pleading guilty to VTL 375 30? Thank you?
Hello Mitch and great question!
VTL 375.30 is a 0 point offense.
I received a VTL 0375 30 "Driver's view Obstructed" travelling to Washington DC. I mailed in a "not guilty pea" and received "Appearance/Pre-Trial Conference" notice to discuss the matter.
Is there a way to resolve the matter without the travel? Can I change my plea to guilty and paid the fine without travelling?
From what Im reading there's no points ?
Hello Fitz, and thank you for contacting us. You should be able to change your plea to guilty and resolve this matter. As you have correctly noted, this is a 0 point violation.
Hi, I recently moved to NY (about 3 weeks). I was given a ticket for obstructed view however it does not obstruct my view at all as they are very small boxing gloves that are meant to be hanged there. The cop followed me for a few minutes until he decided to stop me. He also gave me a ticket for improper turn without turn signal however I was going straight not turning.
Will either of these two tickets take points away? Should I go contest to them? Will my insurance increase?
Hello Kylesh and thank you for contacting us. Unfortunately, if you do not choose to contest these tickets, you will most likely receive points on your license which can increase your insurance premium. It is up to you if you choose to plead guilty or not guilty to these tickets, but we do suggest contesting it.