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.
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.”
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.
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.
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.
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.
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.
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.
This post was last modified on June 25, 2021 4:31 pm
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View Comments
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.