Can The Police Pull You Over For a Pine Tree Air Freshener?
It depends upon your state.
Key Takeaways
- Many states allow police to stop drivers for hanging objects, such as pine tree air fresheners, if they obstruct the driver’s view.
- Virginia law changed in 2021: while dangling objects are still prohibited, police cannot pull you over solely for that reason—they need another valid basis first.
- Even small items can give officers a reason to initiate a stop, especially if they suspect DUI, suspended license, or other violations. Knowing your state’s law is key to protecting your rights.
Faulty or illegal vehicle equipment can give police a reason to pull you over. Even if you’re not doing anything illegal, overlooked issues like a suspended license or lapsed insurance can lead to problems. Avoid stops by ensuring your vehicle is compliant and in good working order.
Many states allow the police to stop you for an air freshener or parking tag hanging from your rear view mirror.
Virginia used to be one of those states. Our law prohibits objects hanging from your car in a way that “substantially obstruct the driver’s clear view of the highway”. A Virginia Court of Appeals case in 2014 examined the exact issue about whether or not a pine tree air freshener just a few inches tall is enough for the police to pull you over. The key analysis was whether or not the pine tree could have obstructed the driver’s view. The court found that it could, and it ruled a pine tree air freshener stop was legit.
However, on March 1 of 2021, Virginia’s law changed. The law still prohibits driving with a “dangling object;” however, the police cannot stop you for that reason. They must have another reason to pull you over first, and then can also ticket you for your favorite scented tree.
Even before the law changed in Virginia, most officers would not likely pull you over just due to a pine tree air freshener or fuzzy dice. But if an officer was suspecting you of DUI or having a suspended license and was looking for a legitimate reason to stop you, an air freshener gave them that reason. In many states, the police can likely still pull you over for a “Little Tree”.
Protect yourself. Learn the law of your state and follow it. Don’t give the police a reason to stop you.
Contact us today at 540-318-5824 to discuss your case and learn how we can help you.
Learn more about your rights with the police:
Protect Yourself with the RIGHT Answers to Police Questions
Defend Your Rights by NOT Talking to the Police
