In this post, a Norfolk traffic lawyer explains a dangling parking pass as a basis for a stop by a police officer. The Virginia Court of Appeals has attempted to explain how and when a police officer may stop a driver on a highway.
The Virginia Court of Appeals has recently ruled that a dangling parking pass is a basis for a stop by a police officer. In Mason v. Commonwealth, the Court made the ruling in a 6-5 decision. The dangling pass may be used by the police to justify a brief detention to investigate. The Court held that the dangling pass could give a reasonable officer a basis for a stop for a violation of Virginia Section 46.2-1054, which prohibits objects suspended from any part of a motor vehicle which obstructs a driver’s view of a highway.
The ruling by the Court did not give the police a per se right to stop any vehicle with any dangling object. In fact the Court opined that some objects, like a graduation tassel, would not be in the same category as the parking pass in this case, which was opaque and five inches by three inches and hung from a rear view mirror.
Written By Anthony Montagna, III
Anthony graduated from Norfolk Academy in 1986. After graduation, Anthony attended and graduated from the University of Richmond with a Bachelor of Arts degree in Economics. Practicing since 1993, Anthony has successfully defended individuals charged with serious crimes and traffic offenses like reckless driving and DUI charges.
