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

This is in New Jersey. I was driving my Toyota Prius on the freeway. Got pulled over, because presumably I did not signal when I changed the lanes. I argued with the cop that I did, so he stopped talking about it.

Then he said that I was not wearing the seatbelt. I argued with him again that I had taken it off seconds before to reach for the glove compartment with the registration.

Finally, out of the blue, he gave me a ticket for having a radar detector and a GPS both attached to the windshield for "obstructing the view", citing 39:3 - 74.

This was on July 31st, the last day of the month when tickets must be issued to fulfill the quotas...

The radar detector and the GPS are attached to the center right, at the level of the wipers, so they do not obstruct the view more than the wipers do.

Is there any way I can defend this? I pleaded not guilty... I was thinking to take a photo of the view from the driver's seat to show it in court...

Technically speaking, I think you're stuck - it's not just a matter of obstruction of your vision, but of prohibition of virtually any non-transparent items on the windshield:

Quote:

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Quoting 39:3-74. Windshields must be unobstructed and equipped with cleaners

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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.

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'This was on July 31st, the last day of the month when tickets must be issued to fulfill the quotas...'

The 'quota system' was abolished in NJ. The police can now write as many tickets as they want.

Technically, yes, I'm stuck. However, also technically, it means that all the NJ drivers using a windshield-mounted GPS are subject to getting a ticket under 39:3-74. I don't think that this is the intention of the law...

Is there any way I can find more info about:

- the number of 39:3-74 tickets issued in NJ because of GPSs attached to the windshield? I searched the net for precedents, but found only tint-related or stickers-related tickets.

- the number of GPS units sold in NJ?

I thought California was the only state that had that law because it was the only state mentioned in the literature I received with my GPS; evidently N.J. in included as well. Out here in California, I see scads of them on people's windshields but I've never heard of anyone getting a ticket for it....although they probably do. I think you're out of luck because the law seems pretty clear.

Many states restrict decals and stickers to state issued inspection stickers. They also restrict tissue boxes on the dash with hidden fuzz busters. Also do not allow items hanging from the rear view mirror - like fuzzy dice and crystal pendant type jewelry.

I agree with the others - you were in violation of the law.

Quote:

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Quoting chuckycheese

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I thought California was the only state that had that law because it was the only state mentioned in the literature I received with my GPS; evidently N.J. in included as well. Out here in California, I see scads of them on people's windshields but I've never heard of anyone getting a ticket for it....although they probably do. I think you're out of luck because the law seems pretty clear.

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Mr. Cheese :) - I would not rely on any literature supplied by the company that makes the GPS device or radar detectors.

What is the statute of limitations on such traffic tickets in New Jersey?

I got the ticket on 7/31/2006. The notice for court date is issued on 8/23/2007, and the court date is set for 10/15/2007.

i was just pulled over recently for similar reasons cop ended up giving me the 39:3-74 ticket for having small dice hanging on my rear view. I dont get it, they dont block any view of my windshield other than the area my ez pass is on. it seems like a ticket they give because they know the wording of it makes people have to pay it. but my real question is what does this mean for my record and more specifically it wasnt my car so im more worried about the owner who has a commercial liscence, what will happen to his record?

For the question that has been lingering for a while... the statute of limitations stops running when you are charged, which normally means when the ticket is issued.

For the new inquiry, I haven't seen the ticket, but I would assume it was issued to the driver (you), not the owner.