On March 22, 2014, I posted about Richardson v. Commonwealth, a Virginia Court of Appeals case that upheld the defendant’s traffic stop due to a air freshener hanging from his rear-view mirror.  The court reasoned, that the air freshener “obstructed his view.”  (http://www.benglasslaw.com/blog/virginia-drivers-get-your-air-freshener-out-of-your-window-.cfm)

Well, it appears that the Court changed its position in Mason v. Commonwealth (No. 1542-13-2) (August 5, 2014).  In Mason, the Court held a traffic stop to be illegal when it was based solely upon the fact that the defendant had a parking pass dangling from his rear-view mirror. 

If you’re confused, so am I.  But this is definitely the right outcome, in my opinion.  It deters law enforcement from conducting traffic stops without legitmate cause.   Check out more information about Mason here:  http://valawyersweekly.com/2014/08/12/no-stop-for-dangling-parking-pass/

James S. Abrenio
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Focusing on criminal, traffic defense and personal injury cases
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