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 In a recent unpublished decision by the Virginia Court of Appeals, the Court ruled that a police officer had a reasonable articulable suspicion that the driver may be in violation of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 Montagna Klein Camden 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
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"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."
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"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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