Driving on Suspended (Because of an "Obstructed Windshield")
Aug 24, 2018OUTCOME: Dismissal of the case
I have had several cases over the years where an individual is pulled over by a police officer because of an "obstructed windshield." This can mean several things, including overly tinted windows, but ... the most common basis is that of an air freshener that is hung from the rear view mirror. Normally this is not that serious of an offense, but it becomes so if the driver's license is suspended. A driving while suspended ticket is a Class "A" Misdemeanor, meaning the Defendant could face up to one year in jail and a fine of up to $2,500. In my most recent case, the driver was suspended because of a DUI and he was pulled over because an air freshener (about 2 inches in width and 4 inches in length) was hung from the mirror. There were no other traffic infractions committed by the Defendant. I filed a Motion To Quash the arrest based on several Illinois cases and the common sense argument that this relatively small air freshener was not "materially obstructing" the driver's view of the roadway. The Judge agreed and granted the motion.
