An obstruction of view ticket in New Jersey is a citation under N.J.S.A. 39:3-74 for having something on your windshield or front side windows — or loaded in your vehicle — that blocks the driver’s view. It’s an equipment violation, not a moving violation. The fine is $25 for a first offense, up to $50 for a later one, plus court costs of up to $33.1FindLaw. New Jersey Code 39:9-4 – Motor Vehicles and Traffic Regulation2FindLaw. New Jersey Code 22A:3-4 – Fees and Costs in Municipal Court Proceedings No points attach to your license.
What Counts as an Obstruction
The statute does two things. It bans placing any sign, poster, sticker, or other non-transparent material on the front windshield, wings, deflectors, side shields, corner lights next to the windshield, or front side windows. And it separately bans driving a vehicle constructed, equipped, or loaded in a way that interferes with the driver’s view to the front and sides. The only carve-out is for items another law or MVC regulation requires you to display, like an inspection sticker.3Justia. New Jersey Code 39:3-74 – Windshields Must Be Unobstructed and Equipped With Cleaners
In practice, officers write these tickets for a familiar list of things:
- GPS units, phone mounts, and dashboard cameras suction-cupped to the glass, especially when placed in the driver’s direct line of sight.
- Air fresheners, parking placards, graduation tassels, and religious ornaments dangling from the rearview mirror.
- Stickers and decals on the windshield. In State v. Perlstein, a small PBA decal placed just above the inspection sticker was enough to sustain the charge.4Justia. State v. Perlstein
- Cargo stacked high enough to block sightlines through the windshield or front side windows.
- Aftermarket window tint on the windshield or front side windows that exceeds the levels allowed by N.J.A.C. 13:20-33.7. The Appellate Division confirmed in State v. Cohen that non-compliant tint falls within 39:3-74.5FindLaw. State v. Cohen (2002)
Because the statute doesn’t spell out size, type, or placement, officers have wide discretion. One officer may ignore a phone mount near the corner of the dash while another cites it. Weather and lighting can tip the call — a small ornament that draws no attention on a clear afternoon can get you stopped in fog or at dusk.
One boundary worth knowing: 39:3-74 covers the windshield and front side windows only. Items on your rear window are not a violation of this statute. Rear windows and the side windows behind the driver may also be tinted without running afoul of the sunscreening rule.
What the Ticket Costs You
The fine itself is small. Under N.J.S.A. 39:9-4, a first violation of Chapter 3 of Title 39 carries a $25 fine, and a subsequent violation carries up to $50.1FindLaw. New Jersey Code 39:9-4 – Motor Vehicles and Traffic Regulation Municipal court costs of up to $33 sit on top of that.2FindLaw. New Jersey Code 22A:3-4 – Fees and Costs in Municipal Court Proceedings
The real damage comes from ignoring the summons. Failing to respond can add up to $100 in penalties, and New Jersey courts can suspend your driving privileges over unpaid traffic fines. Reinstatement then costs MVC fees, and being caught driving on a suspended license is a much more serious offense carrying heavier fines and possible jail.
Points and Insurance
An obstruction of view ticket is an equipment violation, not a moving violation. New Jersey assesses points only for moving violations, so 39:3-74 should not put points on your record. The MVC’s insurance surcharge system triggers at six points, so a standalone obstruction ticket won’t create a surcharge either. Be aware, though, that an obstruction stop is often a gateway to further citations: once you’re pulled over, the officer can check your license and registration and look for other violations, and any moving violations that come out of the stop can carry points of their own.
Fighting the Ticket
To contest the ticket, enter a not-guilty plea before your court date, in writing or in person at the municipal court. Skip that step and the court treats the case as a guilty plea.
At the hearing, the prosecution has to prove the item actually violated 39:3-74. The officer who wrote the ticket testifies to what they saw, and you can cross-examine. Most obstruction cases turn on that testimony. If the officer’s description is vague, or the item was small and sat outside your primary sightline, there’s room to argue it didn’t interfere with your vision.
Defenses that tend to work in municipal court:
- Photos of where the item actually sat on the windshield, showing it was outside the driver’s direct line of sight and the wiper-swept area.
- Proof the item was legally required. The statute exempts certificates or articles another law or MVC regulation requires you to display, so a citation over an inspection sticker or an official parking placard is a complete defense.
- Evidence you’ve already removed the item. Some judges will dismiss or reduce the charge for a first-time offender who brings the removed object to court.
- A valid MVC sunscreening approval, if you were cited for tint.
Plea bargaining is routine for minor traffic offenses. A prosecutor may agree to dismiss the obstruction charge in exchange for a plea to a lesser equipment violation, or to cut the fine. If the officer doesn’t appear, the charge is typically dismissed.
Medical Exemption for Window Tint
If your ticket is for front-window tint, New Jersey does allow darker tinting for drivers with qualifying medical conditions, but only with MVC approval obtained before the tint is applied. You submit the MVC Sunscreening application (Form MVC Sunscreening 1) with a section completed by your physician, along with a valid prescription, to the MVC Customer Advocacy Office by email or mail.6NJ MVC. NJ MVC – Window Sun-screening For Medical Reasons
Approval comes in stages. First you get a temporary document valid for 60 days to have the tint installed at a licensed facility. The installer completes a confirmation form, which you return to the MVC. You then receive a permanent approval valid for 48 months. Keep it in the vehicle at all times and show it to law enforcement if stopped; the MVC also recommends rolling your windows down during a traffic stop as a courtesy. Renew every 48 months using the same application.6NJ MVC. NJ MVC – Window Sun-screening For Medical Reasons
If you already hold a valid approval and were ticketed anyway, bring the document to court. Producing it should resolve the case.