New York law requires that vehicle license plates be clearly displayed at all times. Failure to do so is a serious issue that can lead to a ticket, fines, and other consequences. Understanding the law can help you put forth a good defense to one of these tickets.

So, too, can retaining knowledgeable legal representation. If you received a ticket for an obscured or obstructed license plate in New York, it’s time to get in touch with The New York Traffic Ticket Lawyers. We can explore legal options for saving you money and headaches.

What Counts as Obscured or Obstructed?

New York Vehicle & Traffic Law §402-b prohibits anything that blocks or distorts a clear view of a vehicle’s license plates. Under the law, the letters, numbers, and any official seal on a license plate must be clearly visible to a law enforcement officer or automatic plate reader.

Obscuring or obstructing the license plate can occur in any of the following scenarios:

The license plate is dirty: Mud, debris such as grass clippings, dirt, and anything else that makes it difficult to read all or part of the license information can lead to a ticket.
The license plate is covered with snow: This happens often in New York, but the driver must clear any snow from the vehicle plates.
There is an improper license plate cover or frame: Any sort of license plate cover (including a tinted cover) or frame which makes it harder to identify the plate information is also illegal.
There is a coating which obscures the plate: Some drivers spray their license plates with a coating that makes it harder for traffic cameras to read the plates, and this is against the law.
The plate is bent, damaged, or otherwise not displayed properly: This is a catch-all category which includes more unusual problems but makes it clear the plate must be clearly visible.

The visibility rule applies to both the front and rear plates on a vehicle. Drivers have a duty to check their plates often to determine whether anything would prevent a law enforcement officer, traffic camera, or automatic plate reader from detecting the information on them.

What Are the Penalties for Violating VTL §402-b?

Although having an obscured or obstructed license plate may not seem like a serious violation, the penalties can begin to add up fast. Here are some examples of what you can expect:

Fines: Fines have increased in recent years and can now range from $100 to $500. Drivers should expect fines to continue increasing because New York is cracking down on attempts to evade law enforcement and traffic cameras.
Surcharges: You may also pay a surcharge, depending on the city, town, or village in which you were cited. These vary but usually range from about $88 to $93, and are on top of the base fine.
License suspension: Repeat offenders, meaning anyone with three or more convictions for an obscured or obstructed plate in five years, can face a 90-day suspension of their driver’s license.

While jail is unlikely, it is not out of the question. A driver who is suspected of intentionally altering their plates or using fake ones to evade traffic cameras and law enforcement detection could find themselves sentenced to jail.

Are There Defenses to Obscured or Obstructed License Plate Tickets?

You should never assume that the state will be able to prove that you are guilty of any ticketed offense. You have the right to contest the charges against you. Working with an experienced New York traffic ticket lawyer, you can raise such defenses as:

Accidental obstruction: Police are largely concerned with drivers who intentionally cover their plates. So if you can show that the incident was not intentional, you may prevail. For example, there may have been a recent snow storm and you forgot to remove the snow from your plates.
Lack of knowledge: Similarly, you may have been completely unaware of a problem with your plates. Some drivers get in minor fender benders that, without their knowledge, result in bent license plates. You could demonstrate lack of knowledge to the court and request a dismissal.
The plates were actually visible: If the plate was only slightly dirty but still readable, or the numbers were not significantly obscured (meaning, a law enforcement officer or camera could still read them), this could be a defense.
Lack of evidence: In some cases the law enforcement officer or traffic camera fails to record an image of the blocked license plate. If there’s no evidence you committed an infraction, you can ask the judge to dismiss the ticket.

You may have other defenses available, depending on the nature of your ticket. It’s important to retain a knowledgeable attorney who can seek the best possible outcome in your case. When you hire us, we get to work by:

Investigating the facts surrounding your citation
Determining whether the state can meet its burden of proof
Challenging unreliable or insufficient evidence
Asking for a dismissal of the ticket if the facts allow it
Handling related problems such as license suspension for repeat offenses

Contact Our New York Obscured and Obstructed License Plate (VTL §402-b) Ticket Attorney

Regardless of the circumstances of your traffic ticket, you owe it to yourself to explore options that can save you time, money, and hassle. If you were ticketed for a blocked license plate, it’s time to contact The New York Traffic Ticket Lawyers to work on your case.

Frequently Asked Questions About Obscured and Obstructed License Plates

If I correct the problem will the court dismiss the ticket?

In many cases, a driver who corrects the problem by the next business day can ask the court to dismiss the ticket. This is no guarantee, but worth attempting. You will want to provide as much proof as possible that you immediately fixed the problem, so ask an attorney for assistance.

What can I do to avoid receiving this ticket?

To avoid fines and tickets, regularly inspect both of your license plates and remove obstructions. Replace any broken plates and remove any frame or covering which blocks the plates. Remember that obstructions are more likely in the winter due to snow, mud, and salt.

Will a covered license plate cause my insurance to go up?

In most cases, no. However, you could experience a rate hike if you face more serious allegations of fraud and fake plates, if you have repeat offenses, or if you ignore the ticket and have your license suspended. Always check with an experienced attorney to be sure.