Questions from drivers about VTL § 1213(a), Driver’s View Obstructed, answered by the Benjamin Goldman Law Office. For penalties, points, and defense options, read the VTL § 1213(a), Driver’s View Obstructed.
Can a district attorney get a traffic ticket dismissed in upstate New York? I received a ticket for an alleged rear-view obstruction under VTL 1213(a) near Corning. The trooper said I could respond to Chemung Town Court either by appearing or mailing in my response. I mailed a reduction request to the Chemung County DA's office. The DA then sent me a copy of a letter to the town court judge saying that, at the trooper's request, the office was asking for dismissal in the interest of justice. Do I need to notify the court myself? Will the court send something confirming whether the ticket was dismissed? If it is dismissed, will this violation still show on my driving record?
I was stopped for speeding, but the officer wrote me a ticket for obstructed driver view under 1213(a) instead. Should I just plead guilty?
This violation carries 2 points, so it is generally better not to simply plead guilty. A lawyer can appear in court for you and attempt to challenge the ticket.
What is the purpose of the additional-information section on my ticket? I was stopped after allegedly driving 55 mph in a 35 mph area. The Broome County sheriff issued a ticket for an obstructed driver's view under VTL 1213(a) because I had an air freshener hanging from my rearview mirror. On the back, the additional information says I was driving 55 in the posted 35 zone and that the air freshener blocked my view. If I enter a not-guilty plea to the obstruction ticket, could I then be charged with speeding based on what the sheriff wrote there?
This needs to be handled carefully. In theory, yes, the speeding charge could be issued. However, you should not simply plead guilty to the VTL 1213(a) charge, which carries 2 points. Speak with a traffic-ticket attorney about the situation.
What happens if I plead guilty to a ticket for having something hanging from my mirror that blocked my view? The officer gave me that ticket instead of ticketing me for speeding up to get around another car, and he did not seem familiar with my new Ontario plates.
Sounds like you got a "roadside reduction", which is not uncommon. The violation can be charged as VTL 375 or VTL 1213. A charge under VTL 1213 carries points.
I received a ticket. The disposition notice lists it as a vehicle equipment violation, while the ticket says my view was obstructed. What does that mean?
You may have also been charged under VTL 1213(a), which carries 2 points or under VTL 375-22 which is a no point ticket. Show the documents to an attorney.
Disclaimer: All the content of this website has been prepared by Benjamin Goldman Law Office PC for informational purposes only and does not constitute legal advice. Viewing this site does not create an attorney–client relationship. Readers should not act or refrain from acting based on this information without seeking professional counsel from an attorney licensed in the state where the citation was issued.
Benjamin Goldman Law Office
The DA does not dismiss the ticket alone; the court must approve the request, and the DA has asked the judge to do that. The court may mail you a confirmation. If you do not receive one, contact the court to check the status.