Stuff Hanging from the Rear View Mirror Can Lead to Big Trouble
Posted By Steven J. Richardson on February 5, 2010
Many of us, I am sure, have a bad habit of hanging things from our rear view mirrors. I am not talking about parking garage passes and smaller items; I mean those things that hang down a ways from the mirror itself. This can be a problem. New Jersey law, under NJSA 39:3-74, states that “[N]o person shall drive any vehicle so constructed, equipped or loaded as to unduly interfere with the driver’s vision to the front and to the sides.” In other words, you can get pulled over for hanging on your mirror those beads from last Mardi Gras.
This stop, however, could lead to bigger trouble. In a case this past summer, the New Jersey Appellate Court ruled in State v. Barrow that a pair of tiny boxing gloves, measuring 3 ½ inches by 3 ½ inches that were hanging from the defendant’s rear-view mirror, provided a police officer with sufficient reasonable suspicion to stop of the defendant’s car. This stop ultimately resulted in the discovery of drugs in the defendant’s possession. The irony of the case is that the court commented that the tiny gloves may not have been large enough to support a conviction under NJSA 39:3-74; they just provided enough probable cause to support the stop and the discovery of the drugs! Two things to bear in mind here: 1) be sure that your rear view mirror is clear of items that may obstruct your view; and 2) Once the police have justification to stop you for one offense, said stop may well lead to other, bigger, problems for you!
I see a definite drop in Pine Tree car freshener sales!