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Police handing out tickets for air fresheners ... November 08, 2009 9:12 AM

Police handing out tickets for air freshenersCitations, warnings for windshield obstructions up 91% since 2004

By Dan Simmons ... Tribune reporter
November 8, 2009

Ermir Spahiu was pulled over by police for his window-mounted GPS unit. For Tina Ross, it was her handicapped placard. And Mark Hubbard was nailed for an air freshener. All three Illinois drivers were stopped for what they thought were innocent items placed near their windshields.

"It really threw me for a loop," said Hubbard, recalling his 2008 encounter with Rolling Meadows police over a 2-inch scented medallion that dangled from his rearview mirror.

An increasing number of drivers are being cited for windshield and window obstructions, which can include anything an officer deems to "materially obstruct" a driver's vision. The only exceptions are government-issued items such as I-PASS boxes and parking stickers.

Since 2004, the number of motorists stopped by state police for breaking the obscure law has jumped 91 percent. In 2004, about 20,000 drivers were warned or cited, most of them receiving warnings. This year, the number is expected to hit about 38,000.

Offenders can expect little sympathy from Master Sgt. Isaiah Vega of the Illinois State Police.

"Driving is a privilege, and drivers should take every precaution," he said. Hanging anything from the rear-view-mirror "could be a dangerous if not deadly error," Vega said.

But civil-rights advocates and defense lawyers see something else in the stops: an arbitrary excuse to pull over drivers and proceed to a more invasive search. A recent court decision in Illinois and a bill making its way through the Michigan legislature indicate a sharpening of those concerns.

In April, an Illinois appeals court upheld a ruling throwing out a conviction for Xanax possession against Joyce Mott. The 52-year-old from Dennison, in southeastern Illinois, was stopped in 2006 because of a tree-shaped deodorizer, described in testimony as 2 3/4 inches wide and 3 inches tall.

The court found a Clark County deputy who made the arrest failed to show "reasonable suspicion" the ornament would materially obstruct Mott's vision. It recommended lawmakers "consider whether the approach we now use in Illinois accomplishes the intended result."

Continued ...

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In other words ... November 08, 2009 9:13 AM

Don't be driving through Illinois if you've got crap hanging off your window ... especially if you're a minority ...

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 November 08, 2009 9:21 AM

They have the same law here in Colorado, nothing can obstruct the front view of the driver.

  The County gives all who work for them a parking pass so you can legally park in their lots.

  Guess where you have to display it!

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 November 08, 2009 9:36 AM

Something two by three inches isn't going to obstruct anyone's vision.  Each police agency needs to review their policies and put out some general guidelines, maybe including a reminder about racial profiling. 

The handicap placard is actually pretty big and they have a point on that one.  I'm sure it's a pain to hang it up and take it down every time you park, but it really is pretty large.

We have parking-lot hangtags where I work, too.  It says right on them you aren't supposed to leave them hanging while driving, but lots of people do. 

I remember the days of lots of stuff hanging from the rear-view mirror.  Fuzzy dice, carnival beads, Barbie dolls (yes, really!), fur-lined handcuffs    ...endless variations.


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Exactly... November 08, 2009 9:40 AM

I think the article's "hinting" at the fact that this is one of those violations that gives some cops the "legitimate" excuse to pull people over and, while they're at it, do some extraneous "investigations." 

Particularly those minorities who are the typical targets of profiling ...

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 November 08, 2009 12:46 PM

Hi Everyone!

As Bert said, We do have that Law, but I have Never heard of anyone getting pulled over for it.  It does appear to be a way to harass and possibly jail people/minorities.

Having an Air Freshener does not make Reasonable Suspicion. I have never heard of an Accident being caused by these either. I totally agree with this being a new way for the Police to Target minorities and anyone else they may decide to harass.



This post was modified from its original form on 08 Nov, 12:47  [ send green star]
 
 November 08, 2009 12:50 PM

This is about the state looking for more ways to make money for itself.

We need to vote out those who make laws like that and vote in those who will keep intrusive laws at a minimum. We don't need a "nanny state" constantly looking over our shoulder......unless we are polluting corporations, of course.

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I don't think so, Dale ... November 08, 2009 1:24 PM

I mean, if you think about it, it could be a valid violation, depending on the amount of crap people have obstructing their view when they should keep the windows in an automobile reasonably clear ...

I mean ... I can see where someone's obstructed view can endanger others, and I don't see that as a "nanny" law. 

The thing is is that an "obstructed view" is based on the discretion of the officer ... the implication is that the law can be abused ...

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 November 08, 2009 1:34 PM

Maybe, on second thought, who they're really trying to profile are people who smoke weed in their vehicle...

It'll probably take a few court cases to sort it all out.

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I don't know about where you live ... November 08, 2009 1:40 PM

But in the Chicago area, the police are known to practice racial profiling ...

I believe the all-around tinted windows have been banned here because the policy can't see what's going on inside someone's car ...

I think you can have the back windows tinted only ...

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 November 08, 2009 11:24 PM

The problem is that it "is based on the discretion of the officer."

Vague Laws have no business in the Books. Lawmakers make them this way and I believe that it's on purpose. It gives them a way out, and makes other pay fines.

Laws should state their purpose!

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 November 09, 2009 2:49 PM

"The basic rule of thumb here is, if it doesn't cause a distraction (movement) or swing into the drivers vision causing obstruction, then it's usually ignored here.

  As a youngster I had a roach clip with bead and feathers hanging from the rear view mirror all the time.  (No I didn't smoke it, it made me violently ill)

  Colorado no longer has yearly safety inspections on cars, and only some areas have emmission testing.  (Thumbing nose at Electra)

  Cracked windshields.  Basic rule of thumb, unless it extends into the windshield wiper arch on the drivers side, it is NOT a primary reason to pull a car over.    but, once it is, well.

 

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 November 09, 2009 2:59 PM

Properly used discretion is not a bad thing.  Stop and stay at a red light in the middle of the night when there's not another car in sight is kind of silly.  Most Officers would not pull over a car for proceeding after making certain no other cars are coming if you proceed before the light changes.

  Proper parallel parking states the curb side wheels should be six to ten inches from the side of the curb.  I've never seen anyone get a ticket for rubbing the tires OFF on the curb though.  I DO admit I've seen improper parking tickets for those who leave part of their cars in the lane of traffic though.

  Discretion.  Colorado law states clearly there can be no monitors or display screens forward of the drivers position.  I've yet to see anyone pulled over for having a GPS mounted on their dashboard though! 

  How about some of the nice Lincolns and Cadillacs with LCD display dashboards?     By law, illegal even to SELL here, yet they are and no one pulls them over for it.

  My guess on the Chicago thing.  Someone was involved in an accident, or someone who has had an arguement with another who has danglies on the rear view mirror of their car, had the "pull" to cause enforcement of a petty law.  Sometimes politics sucks. 

 

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Not Chicago necessarily, Bert ... November 09, 2009 5:20 PM

Probably happens more in the 'burbs ... the ones where the wealthier folks live ...

Like Highland Park ...

http://www.aclu.org/racial-justice/racial-profiling-scandals-rock-chicago-suburbs

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 November 09, 2009 7:10 PM

Uh... huh... (Thumbing nose at Electra)

Back at ya Bert   Now I see how you are.
I take it you don't have to go through the Emissions tests like I do.

I could swear that in Denver you must be within 6 inches of the curb, and don't forget to turn your tires towards the curb if you park on a hill. I actually remember hearing about someone getting a ticket for that.

As for Fresheners... Most of them are too small to obstruct anyone's view.  There are passenger Windows, Side view Mirrors, and more... to allow for a great Scenic view of Rush hour traffic.

They need to pull over the Cell Phone users that drive while talking. I've almost gotten hit by plenty of them, and the worst thing is that most of them also had kids in the Car.

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 November 10, 2009 3:06 AM

If you're parked facing downhill you turn your wheels toward the curb, uphill is away.  (Don't want to roll into traffic ya know)

  Colorado used to have emission testing State wide, now it's only the larger population areas, like Denver.

  I actually agree on Stopping someone yakkin' on a cellphone.  There's to many close calls and actual accidents due to them.  One way around it is to use bluetooth or a corded mic and ear bud, then you at least have both hands to control the vehicle.

  Moving with the underside of the car illiminated is illegal here as well and you WILL be stopped for that!

 

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Really? November 10, 2009 4:13 PM

How come, Bert? 

Moving with the underside of the car illiminated is illegal here as well and you WILL be stopped for that!

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 November 10, 2009 10:51 PM

  Again...      

Interior lights at night I understand, but exterior, underneath?

Never heard of that one, but I've seen people driving with them. I kind of remember a few years ago that someone got in trouble for decorating with Christmas lights. I don't know what came of that though.


Uno... sshh... it was probably Bert.



This post was modified from its original form on 10 Nov, 22:52  [ send green star]
 
 November 11, 2009 4:06 AM

I just paid $54 for an 'obstructed windshield'.  I had my dogtags and  a 1" button from Edinburgh hanging from the rear view.  But it was an easy $54 for the town!  [ send green star]
 
 November 11, 2009 5:38 AM

Uno, someone somewhere decided it was too distracting for other drivers.  So, no under car lighting.  (Municipal code, not State law I might add)

  Seems strange to me though, running lights and side markers are still legal.



This post was modified from its original form on 11 Nov, 5:39  [ send green star]
 
 November 11, 2009 11:52 AM

I think that's what the problem was with Christmas lights.

Apparently they were flashing, and it was thought to be dangerous. I actually had to agree with that. You're right though that it does seem strange that they allow running lights, but not the others.

I remember getting pulled over once because my plate light didn't work.

The car did not come equipped with one, so it made no sense that it had become Law. The Officer was even confused. He let me go of course.

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 November 11, 2009 10:27 PM

Have you seen those people who dangle CDs from their mirrors?  Feathers?  Garters/??

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 November 11, 2009 10:58 PM

or back in the 70's when people had mirrored balls hanging.

Hey we live in a nanny state , and government will tell you when your riskng your life , thank you very much.

In my day ( up hill both ways ) we didn't have bicycle helmets , fireworks weren't cracked down on , heck there weren't even seat belt laws ( ok , i agree with the seat belt laws ) , but you get the idea.

I believe both reasons given are true .... here in NYC , our police are famous for their ticket blitzes ... mayor bloomberg counts on a certain amout of ticket revenue and they have raised all the fines and giben out more tickets than ever before ... it's just another tax in this era of tax and spend. Every couple of years there a jay walking ticket blitz , i love that one ... if a cop needs to fill his quota for the month , he's gonna get ya , even if it's B.S. but if the cops are gonna blitz for this stupid law  as a revenue source , and that's all they do , well that's one level of wrong , but that's really someone giving an order, not the cops themselves.

But if you give a cop a window to abuse a minor infraction into a stop and search , they will take it. in some cases it's nefarious , these are just cops using the law for reasons it's not intended and out and out wrong. I wonder if this law has been tested in appeals court by someone who was stopped for the minor infraction and caught on something bigger.

I agree that they should keep track of the #'s of the make up of who's being stopped to make sure it's not being used for profiling. here in nyc , they actually ticket blitz in the richer nieghborhoods , where they know the people will just pay up.

i will add , while profiling is morally wrong , and i'm not for discriminantly stopping people of any one ethnic group for no reason  .... there is a reason for aggressive police policy that goes beyond just race. i've been stopped by cops for no reason and had my name run for warrants. guiliani reduced crime here in nyc by stopping and checking people as often as they could , and they took alot of criminals and guns off the streets that way. and when they stopped me i was ok with it , because i knew i had nothing to worry about.

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