New Jersey - 39:3-74 Obstruction of Windshield for Vision

TonyD

TonyD

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Easton, PA
So today in North Brunswick I get a speeding ticket - so be it....

But, I suppose just to be a prick, the officer(not sure if he deserves that rank) gives me an add-on ticket for having my GPS sitting on the dashboard!

Court date is in about a week... Will plead not guilty to this but from what I read about this type ticket it may be futile!

Anyone else ever get one of these obstruction of windshield tickets? If I remove the GPS I get a much better view of my cars hood for whatever good that does!

Seems like law enforcement agencies and the folks that come up with these vague laws should start thinking about serving the public instead of conjuring up better revenue generating schemes.
 
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It appears that the statute does not prohibit the placement of objects on the dashboard, only the placement of objects on the windshield. And does not prohibit the placement of objects that obstruct vision down to the hood, only the placement of objects that obstruct vision forward and to the sides:

NJ law said:
New Jersey - 39:3-74 Obstruction of Windshield for Vision

Every motor vehicle having a windshield shall be equipped with at least one device in good working order for cleaning rain, snow or other moisture from the windshield so as to provide clear vision for the driver, and all such devices shall be so constructed and installed as to be operated or controlled by the driver.

No person shall drive any motor vehicle with any sign, poster, sticker or other non-transparent material upon the front windshield, wings, deflectors, side shields, corner lights adjoining windshield or front side windows of such vehicle other than a certificate or other article required to be so displayed by statute or by regulations of the commissioner.

No person shall drive any vehicle so constructed, equipped or loaded as to unduly interfere with the driver's vision to the front and to the sides.
Click to expand...
It seems to me you could bring some photos showing that (a) it is not attached to the windshield, and (b) it doesn't obstruct your vision of the road, to court to get the ticket dismissed.

Disclaimer: I am not a lawyer.
 
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He loses in court every time on the last paragraph of that statute. Best thing you can do is go talk to the prosecutor in court and they will usually let you plead down the speeding ticket to unsafe driving which is a no point ticket but has a big fine attached in place of points. The statute is loosely written so it may be interpreted how the judge sees fit.
 
Tony, try contacting Garmin and see what they think, I'm sure that their attorneys have an answer.
 
You got the Welcome to NJ ticket. The windshield obstruction charge BS or not it not worth fighting. The speeding ticket is. (That's points)

Most of the time you get those BS tickets when you piss off the cop. Argue, give them attitude or deny something the caught you obviously doing. You have to treat the cop with respect and make him "think" he is always right. (Stroke his Ego) The best way out of a ticket is to talk him out of writing one in the first place. If not you can phone a friend or hire a lawyer. Either way its going to cost you money getting it reduced will be easy if you have no Points or recent priors. Unless you gave the cop attitude. The cop talk to the DA and "recomend" reduced charges.
 
Tony...you have to tell Bags that she can't lounge on the dash while you drive:eek:
 
Will both tickets be heard in court together?

The reason I ask is, this may present a negotiating opportunity. Keep in mind that the moving violation (speeding) is the one to worry about, because it means points on your license, possibly leading to a future suspension and/or insurance rate increases. The equipment violation (obstructed windshield) just involves a fine. You might approach the prosecutor and ask if they are willing to waive the speeding if you plead guilty to the windshield obstruction, which would keep the moving violation off your record.

Now, if you're upset about the way the law should work, this approach may not appeal to you, and you may prefer to plead guilty to speeding and contest the windshield obstruction. But that might only save you the fine, and stick you with the speeding conviction.

One more note. I've used attorneys to defend citations for moving violations in the past, and I've found that they are usually worth the cost. Not only because they know the law and which defenses can be upheld, but also because they know the judge and prosecutors and the best deal they are likely to accept. The best attorney is one whose practice consists of a lot of work in that traffic jurisdiction (and, even better, if you can find one who formerly served in the prosecutor's office there).

- - - Updated - - -

Another note. Hopefully you remember what the law enforcement officer looks like. If you don't see him in the courtroom, there's a good chance the ticket may be thrown out because he is not there to testify.
 
How many mph over did you get clocked at?
 
nsxtasy said:
One more note. I've used attorneys to defend citations for moving violations in the past, and I've found that they are usually worth the cost. Not only because they know the law and which defenses can be upheld, but also because they know the judge and prosecutors and the best deal they are likely to accept.
Click to expand...

Too true. While it is easy to call BS, the courts usually don't care. You essentially have to pay into the system, and simply fight the points. Let go of the "virtue" of it all and focus on keeping your record clean.

Sorry dude; it happens to the best of us and still sucks every time. :frown: Good luck!:encouragement:
 
TonyD, did that officer use a speed radar gun to detect how fast you were driving? If not, you should ask for evidence in court therefore if he can't prove it. Pretty it is his words against yours. If yes, you should ask when the device was calibrated? I believe all speed gun must be calibrated once a year. You can argue that the device was faulty.

Best of luck!
 
If a court appearance is required for the speeding ticket you must have been going pretty fast....good luck
 
Ask the Judge if you need to remove your rear view mirror as it is attached to the windshield and blocks your view more than your GPS on the dash.
 
warrenw said:
Ask the Judge if you need to remove your rear view mirror as it is attached to the windshield and blocks your view more than your GPS on the dash.
Click to expand...

DAMN RIGHT! I can't believe how pissed I am reading this...

That said I agree that you may have some negotiating room with the prosecutor. At least you have some kind of point.

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I got housed going to Kids day a few years back. I hate NY. Every ticket I have ever had has been in NY and I don't really drive there too often. Maybe you will have better luck in Jersey. I got a 70 MPH ticket (didn't even realize it was an issue) but it turned out to be a work zone (a 200 mile long work zone with no work). They doubled the fine and then slapped me with the NY special axxhole tax for another $300. I was looking at something just shy of $2k. Fortunately a nice prime member represented me. I got a $100 moving violation fine at the end (plus some lawyer fees of course)...

Good luck.
 
I had the same issue in PA. During my hearing I asked if the officer’s car had any items on the windshield that hindered his view. The response was no. before entering court I took a photo of a car windshield that showed several items mounted below the rear view mirror and attached to the dash. The ticket was dropped.


I also understand that if you mount your mapping unit to the side of the windshield it’s acceptable.<o:p></o:p>
 
Just thought I close this out. The DA dismissed the obstruction of windshield ticket, reduced the speed on the ticket.
I didn't really care much about the speeding ticket as there is a fine which doesn't change much and currently out of state tickets don't get recorded in PA - Someday that may change, but for now they still don't count. I livein PA and fortunately drive very little in PA :smile:
 

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