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Judge Bianchi http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=119730 DEFENDANT was charged with violating Vehicle & Traffic Law §375(30) for hanging an object in his car so as to interfere with the driver’s view through the windshield. He argued §375(30) was void as unconstitutionally vague as it did not provide the public with sufficient notice as to what conduct was prohibited and it permitted arbitrary and discriminatory enforcement of law. The court found defendant has not established §375(30) was unconstitutional. It noted a defendant challenging a duly enacted statute faced an exceedingly heavy burden of demonstrating that the statute was invalid beyond a reasonable doubt. The court concluded §375(30) was not vague, had a rational basis and gave notice that it was unlawful for any person to operate a vehicle by placing or hanging any object in or on a vehicle, except permitted equipment, in such a manner as to obstruct or interfere with the driver’s view. Defendant complained that all obstructions were prohibited, yet the authorities permitted other objects, such as an E-ZPass tag, to be affixed to the windshield. The court noted that only posters and stickers approved by the Commissioner of Motor Vehicles may be displayed on the windshield or rear windows. Thus, it denied the motion.

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