Do you have an air freshener hanging from your rear view mirror? You may want to remove it. An innocent air freshener could provide a valid reason for the police to stop your car, even if you are not doing anything wrong. Here’s why.
Windshield obstructions
Virginia law specifies that drivers cannot have anything in the windows or windshield that obstructs the clear view of the highway. The Code says:
It shall be unlawful for any person to drive a motor vehicle on a highway in the Commonwealth with any object or objects, other than a rear view mirror, sun visor, or other equipment of the motor vehicle approved by the Superintendent, suspended from any part of the motor vehicle in such a manner as to obstruct the driver’s clear view of the highway through the windshield…
Now you may be wondering how a tiny little air freshener could possibly cause a problem. Actually, officers don’t usually write tickets for air fresheners or other small items hanging from the mirror. It would be hard to prove that they actually obstruct the driver’s view.
But the law of traffic stops creates a complication.
Traffic stops
To stop a vehicle in Virginia, the police must have a “reasonable articulable suspicion” that the vehicle (or its occupants) violates the law. This doesn’t mean that the vehicle must actually violate the law.
Basically, the police are empowered to stop vehicles to investigate whether or not a violation is actually present. They must have a reasonable suspicion about why they stopped a particular vehicle, but the suspicion doesn’t have to turn out to be correct.
Where does this leave us?
Dangling object stops
Since some air fresheners or other dangling objects may violate Virginia law, a traffic stop based on a dangling object will usually be upheld as a valid stop. In some instances, a super small item (like a graduation tassel) could be ruled an invalid basis for a stop. But I wouldn’t count on it.
You could be driving along, legally going about your business. A police officer could see that pine tree air freshener the car wash gave you last week. Now he’s pulling you over.
That’s not a problem if you truly are completely legal. But what if you had one drink too many with dinner? Or what if you forgot to pay a ticket and your license is suspended without your knowledge? That pine tree just caused a lot of problems.
{ 2 comments… read them below or add one }
So are you allowed to have a GPS mounted on the dash or window in VA?
Mark – It can’t obstruct the driver’s view of the highway. So you would have to mount it low enough that it’s out of the way. Mine is at the very bottom of the windshield.