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In a recent unpublished decision by the Virginia Court of Appeals, the Court ruled that a police officer had a reasonable suspicion that the driver may be in violation of Section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 Klein Camden L.L.P. Our Norfolk and Virginia Beach criminal defense lawyers have extensive experience defending your rights.
