# rearview mirror



## blueleader (Jan 31, 2007)

Greeting from a secure underground bunker located somewhere in a hilltown of western Mass. I would tell you exactly where but you may need plausible deniability sometime in the future.
I'm breaking e-mail silence because I need to know the answer to a question that has bugged me for a long time. And who better to ask than members of the law enforcement community. Is there a law against driving with an obstructed front windshield? It seems that every other auto on the road, (an exaggeration of course) has something hanging from the inside rearview mirror. I have seen beads, flowers, scarves, tools, "dream catchers", crystal balls, underwear, cell phones, garters, even the Confederate flag. Do you or have you stopped motorist for having anything hanging from the mirror? I'm sure that while the driver is on the cell phone, having something hanging off the mirror gives them something to look at so as to not be distracted by oncoming traffic! When I got my drivers license 40 plus years ago, I was told that there could not be anything hanging from the mirror of the car used for the test because it would obstruct my view. Is this still the case? Thanks in advance
Blueleader over and out


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## dcs2244 (Jan 29, 2004)

Nothing is allowed to be depended from the mirror. Period. I used to stop people for it all the time.

Of course, I do have a "buddy poppy" hanging from mine...


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## Andy0921 (Jan 12, 2006)

Nothing better than getting some punk in his rice burner with the Puerto Rico flag hanging from the mirror.


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## SOT (Jul 30, 2004)




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## justanotherparatrooper (Aug 27, 2006)

andy0921 said:


> Nothing better than getting some punk in his rice burner with the Puerto Rico flag hanging from the mirror.


 God bless you...I HATE those stupid flags


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## Duff112 (Apr 14, 2006)

Hey Andy-

Not to change the subject, but...

Is that Jenna on the right.... I like her, She's nice....


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## 94c (Oct 21, 2005)

Back on Topic, Blueleader.

As long as you use your hand signals (Up for right, straight for left, and down for slowing/stopping) you are not required to have a rear view mirror.


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## Andy0921 (Jan 12, 2006)

Duff112 said:


> Hey Andy-
> 
> Not to change the subject, but...
> 
> Is that Jenna on the right.... I like her, She's nice....


Not sure...She's hot though!:mrgreen:


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## copcar65 (Aug 16, 2004)

Recent case out of Mass appeals court said having something hanging from the mirror by itself is not impeeded operation. It was an OUI, originally stopped for a crystal hanging from her mirror. The appeals court said the stop was no good because there was no testimony that the crystal impeded or could have impeded her operation.

That being said, I think anything hanging in front of the driver could/would impede their operation. It is just important to clearly state how in your report and hope the ADA asks the right questions when you're on the stand.

Copcar65


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## Foxy85 (Mar 29, 2006)

Using it as a reason to stop a car, and find other things is a great tool. As CopCar65 said, just need to clearly write in your report how it impeded operation....

That being said, if the only reason you are stopping cars is to cite them for dice, flags, crystals whatever hanging from the mirror, its looked down upon in court, at least in mine....Not to say the officer doens't have a right to stop the person, but if he makes a habbit of it, the clerk typically views it as a waste of time, mainly because of the reason orginally stated.....almost everyone has something hanging from their damn rear view....

My magistrate hates nothing more than to sit through multiple Civil Motor vehicle appeals concerning rear view mirrors.....Chances are they get a tongue lashing and a big "Not Responsible"....

Again its a good tool to get a vehicle pulled over...


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## Portable81 (Jun 17, 2004)

Copcar is right, there was recent case law on this. The officer must prove and articulate exactly how operation was impeded. Something small hanging from the mirror might not be enough PC for a stop anymore unless you can prove it was a major distraction to the driver. Or something like that...


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## 1968SS (Nov 27, 2006)

Here's a summary of the case"

Comm. v. Brazeau


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## blueleader (Jan 31, 2007)

WOW----thanks for answering my question---a lot more complicated than I thought.
When is an obstruction not an obstruction----the courts will decide.


"Chance favors the prepared mind"

Blueleader over and out


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## SOT (Jul 30, 2004)

I've got two blue line plate hanging from my mirror....

just saying.


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## Foxy85 (Mar 29, 2006)

Wolfman said:


> ...so long as it is not a pretext.


I was told pretextual stops are allowed in Massachusetts.....
Again this was Lt. Bozicas.......I know its been problematic in other states....

Gonna look over my notes to make sure.....but I think they are allowed


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## Guest (Feb 21, 2007)

DEF Jenna in that avatar !!!!!!!!!!!


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## LA Copper (Feb 11, 2005)

Foxy85 said:


> I was told pretextual stops are allowed in Massachusetts.....
> Again this was Lt. Bozicas.......I know its been problematic in other states....
> 
> Gonna look over my notes to make sure.....but I think they are allowed


I know they're allowed in California, we use them all the time. If it's illegal, then it's illegal, regardless of how CS the PC is.


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## Crvtte65 (May 19, 2002)

Foxy85 said:


> I was told pretextual stops are allowed in Massachusetts.....
> Again this was Lt. Bozicas.......I know its been problematic in other states....
> 
> Gonna look over my notes to make sure.....but I think they are allowed


Most definitely allowed just cannot discriminate when doing it

Federal:

Whren vs US, 517 US 806 ( 1996 )

MA:

Comm. Vs Santana 420 Mass 205 ( 1995 )


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