X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.