This post discusses how an obstructed view caused by your air freshener may get you in trouble with the police. Can an auto air freshener block a driver’s view to justify a brief detention? The answer is yes. In a recent unpublished decision by the Virginia Court of Appeals, the Court ruled that a police officer had a reasonable articulable suspicion that the driver may be in violation of Section 46.2-1054 of the Code of Virginia, 1950, as amended. That statute essentially says that a driver may not have an obstructed view when driving his vehicle.
Unfortunately, in the recent case, the police officer stopped the driver, smelled marijuana, and recovered cocaine that fell from the driver’s pant leg during a search of the defendant. In light of this recent case, drivers should be cautioned to refrain from using any objects that may obstruct their view. If any individuals are arrested following a stop based on an air freshener hanging from a rear view mirror, they should immediately contact the Norfolk traffic lawyers at Anthony Montagna L.L.P. Our Norfolk and Virginia Beach criminal defense lawyers have extensive experience defending your rights. Please call us at 757-622-8100 and visit our web site at www.montagnalaw.com
"Mr. Montagna was the BEST!! I had reckless driving and 2 seatbelt violations ( one for a minor) and he got my whole case DISMISSED!! He is definitely the go to guy for your case… I couldn’t appreciate and thank him enough!"
"Simply the best in the business. Got my 67 in a 35 mph reduced from reckless driving to an improper driving. He let me know what to do before court and I followed everything exactly. Would highly recommend him for any traffic case."
"Mr. Anthony Montagna understood the assignment! I am so glad I retained him. He is very professional, understanding, attentive, and easy to reach. He will make sure you get the best results as possible. Thank again Mr. Anthony and Kelly for taking care of me and serving me at my best. If anybody is thinking about looking into this law firm, please look no further!"
"I had a speeding ticket that was 21 over in a 30mph zone. He got my case dismissed. Whatever he asked you to get for court definitely get the paperwork. I really appreciate Anthony Montana for making my driving record go back to +5. He really knows the law and he is definitely an attorney I will use later in life if I will need him again. He does care about the people he helps in court."
"Mr. Montagna handles my periodic traffic offenses and always gets them dismissed. Depending on the charge he has had me take a driver improvement class, which was actually enjoyable, and my charges are always dismissed. I would never use anybody else for any kind of traffic offense. The cops seem to know him and the bailiff told me one time that I had chosen a good lawyer. Highly recommended."
"Anthony helped me with a traffic ticket. His counsel was excellent and he really took the time to understand the situation and give expert guidance on how best to proceed. He got the ticket dismissed and I got points taken off my license as a result of his counsel."
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