Can an auto air freshener block a driver’s view to justify a brief detention? Yes.
In a recent unpublished decision by the Virginia Court of Appeals, the Court ruled that a police officer had a reasonable suspicion that the driver may be in violation of Section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 or her vehicle. This minor offense can sometimes lead to much bigger problems, as one Virginia driver discovered.
In a recent case the police officer stopped the driver, smelled marijuana, and then 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 you are arrested following a stop based on an air freshener hanging from a rear view mirror, you should immediately contact the Norfolk traffic lawyers at Montagna Law L.L.P. Our Norfolk and Virginia Beach criminal defense lawyers have extensive experience defending your rights.
Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads Virginia area.