Recently, a client of ours was charged with obstructing his windshield with a radar detector. This came of interest to me because I always use a radar detector while driving in the State of New Jersey.
After reviewing the applicable NJ law, it appears that it would be difficult for a police officer or prosecutor in New Jersey to prove the violation. The section of the statute which I believe that the police officer made reference to is: “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.”
The question then is…what does “unduly interfere” mean?
The State of New Jersey requires its drivers to have a rearview mirror and an inspection sticker posted on the windshield. How can they say that you can’t have a small radar detector attached to the windshield? Most people would agree that a radar detector does not block a driver’s vision in any significant amount.
I believe it is just another charge that an unhappy police officer can tag you with. I have not taken this violation to trial yet because may times the prosecutor will merge the violation or drop it in court.
We at Cordisco & Saile LLC regularly handle both NJ and PA traffic Violations. Call us for a free consultation.
The NJ law is listed here:
N.J.S.A. 39:3-74: Windshields must be unobstructed and equipped with cleaners
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.
