§ 402-b. Obscured and obstructed license plates. 1. If any vehicle is\ndriven or operated on a public highway in violation of subparagraph\n(ii), (ii-a), or (iii) of paragraph (b) of subdivision one of section\nfour hundred two of this article and is committed in their presence, a\npolice officer, as defined in section one hundred thirty-two of this\nchapter, shall be authorized to take such actions as may be required or\npermitted by the provisions of this section.\n 2. If the vehicle is being driven or operated in violation of\nsubparagraph (ii), (ii-a) or (iii) of paragraph (b) of subdivision one\nof section four hundred two of this article, such officer shall issue a\nsummons, provided, however, that a summons shall not be issued if, in\nthe discretion and at the request of such officer, the defect is\ncorrected in the presence of such officer. The refusal of a police\nofficer to permit the repair of any defect in their presence shall not\nbe reviewable, and shall not be a defense to any violation charged in a\nsummons issued pursuant to the provisions of this section.\n 3. Any complaint issued for any violation of subparagraph (ii), (ii-a)\nor (iii) of paragraph (b) of subdivision one of section four hundred two\nof this article may be dismissed by the court before which the summons\nis returnable if the violation as set forth in the summons is corrected\nnot later than one-half hour after sunset on the first full business day\nafter the issuance of the summons and proof of such correction is\nsubmitted to the court or administrative tribunal. For the purposes of\nthis subdivision, "business day" shall mean any calendar day except\nSaturday and Sunday, or the following business holidays: New Year's Day,\nWashington's Birthday, Memorial Day, Independence Day, Labor Day,\nColumbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.\n
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