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 In a recent unpublished decision by the Virginia Court of Appeals, the Court ruled that a police officer had a reasonable articulable suspicion that the driver may be in violation of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
Written By Samantha Bull
Honestly, most people hope to never have lawyers involved in their lives. The types of situations which necessitate attorney involvement are oftentimes stressful both mentally and emotionally. That is why I believe that hiring and working with your attorney should be a simple process and that a connection with your attorney is important because that person will become a major part of your life during your legal matter. This is also why access to your attorney is so important.
