Obstruction of View - GPS Mounted on Dash

[kscroni1@yahoo.com]

My question involves a traffic ticket from the state of: California.

I received a citation for my GPS in violation of 26708 (A) (1) VC. which states that you can't have any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows.

However, my GPS was not mounted on the windshield, but rather it was mounted to a black beanbag that rests on the dashboard. Does anyone know how this law should be interpreted and whether using the dash pad is actually in violation of the law?

I plan to contest the ticket via Trial by Written Declaration. Is anyone familiar with contesting a ticket this way?

Thanks.

[EWYLTJ]

How moronic. You came across a pinhead cop who can't use enough judgement to get himself out of a wet paper bag. You should certainly fight it, but be prepared to run up against a Judge as stupid as your cop.

[blewis]

OP, I agree with your assessment. If you had been charged with CVC 26708 (a)(2), that would have been a different story, since paragraph (a)(2) states:

(2) A person shall not drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle that obstructs or reduces the driver’s clear view through the windshield or side windows.

Note, also, that paragraph (b)(12) DOES allow a GPS to be affixed to the dash -- but only in certain places:

(b) This section does not apply to any of the following:
...
(12) A portable Global Positioning System (GPS), which may be mounted in a 7-inch square in the lower corner of the windshield farthest removed from the driver or in a 5-inch square in the lower corner of the windshield nearest to the driver, if the system is used only for door-to-door navigation while the motor vehicle is being operated and outside of an airbag deployment zone.

So, legally, you can have it on the far right or far left -- but nowhere in between.

But, again, you were charged with a violation of (a)(1) -- if you're sure that the officer's "1" is not really a "2".

Barry

[EWYLTJ]

Blewis, ha! you are right! The OP was charged with:

26708. (a) (1) A person shall not drive any motor vehicle with any
object or material placed, displayed, installed, affixed, or applied
upon the windshield or side or rear windows.

Obviously the GPS was NOT "upon the windshield", so the OP is clearly not guilty of the charge. Now, OP, go forth and make a good argument.