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11-10-2009, 11:01 AM
| #1 |
| AFC #1   | Police handing out tickets for air fresheners Police handing out tickets for air fresheners Citations, 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." So far, the issue hasn't been raised legislatively in the state, but it has been in Michigan. Last month, the Senate passed a bill to overturn the law against dangling ornaments, which is similar to Illinois' statute. The bill passed the Senate 37-0 and is before the House. It was sponsored by Ron Jelinek, a Republican from Three Oaks, Mich. "I call it a 'gotcha law,' " he said. " 'He looks suspicious. Let's stop him because he's got something hanging from the mirror.' That's not the way our system should work." Michigan's law drew attention last December when a U.S. Appeals Court heard the case of a suburban Detroit man caught with drugs and weapons during a stop initiated because of his 4-inch Tweety Bird air freshener. For Jelinek the issue was more personal. He became aware of the law when his teenage daughter was pulled over for having a string hanging from her rear-view mirror. She didn't even know the string was there, he said. Timothy O'Neill, a professor at The John Marshall Law School, said window-obstructions are one of many "pretext stops" made possible by federal and state court rulings that expanded legal protection for police. "Since 1996, we've seen more people being pulled over for trivial offenses," he said. And in Illinois, the people most pulled over are minorities. A 2008 review of all traffic stops in the state found minority drivers are 13 percent more likely to be pulled over than white drivers. And they were 8 percent more likely to be cited for an offense, according to the University of Illinois at Chicago study. State Sen. Dale Righter (R-Charleston), a former prosecutor for seven Illinois counties, said it would be foolish to suggest the stops aren't made to uncover more serious offenses. "A significant percentage of my prosecutions resulted from police searches after pulling the driver over for other reasons," he said. The stops also often catch unlicensed or uninsured drivers, say defense lawyers. Hubbard, the Rolling Meadows man pulled over in 2008 for his scented medallion, was arrested for driving on a license revoked because of a drunken driving conviction in the 1980s. He said he told the officer he was driving only a few miles to get his black Lab mix, Sadie, to the vet for emergency care. He later pleaded guilty to driving without a license. "I still don't believe they pulled me over for the medallion," he said. Illinois' windshield-obstruction law earned headlines -- and ridicule -- in 2002. Catherine "Kit" Morris, then a 55-year-old widow in DuPage County, was cited for her dangling rosary. She fought the $75 ticket, which was eventually thrown out. But while the law and its enforcement give rise to some levity, not everyone finds it a laughing matter. Steve Penczak of Addison has spent 40 years warning others about the dangers of windshield ornaments. In the late 1960s, he ran into a woman in Chicago who was crossing the street a few paces behind a priest. The priest, in black, was clearly visible, he said. But the woman, in a white coat, was "perfectly silhouetted" behind the graduation tassel hanging from his mirror. "I just have this vision of her on my hood," he said. The woman only suffered skinned knees, but Penczak, 59, never forgot it. It would appear many are unaware of the windshield law. At the Schaumburg Transit Center on a recent Friday, 20 of the 48 cars in the lot had some ornament hanging from their mirrors. Chris Cosley, a defense lawyer in Rolling Meadows, said these stops can have serious consequences for law-abiding people. What happened to his client Ermir Spahiu is the epitome of what's wrong with them, he said. Spahiu of Chicago rented a Nissan Altima at O'Hare in June and opted to get a GPS unit. The Albanian-born immigrant had been hired by a Palatine car dealer to drive to California and purchase vehicles at auction. Cosley said he was given $200,000 in cash. A sheriff's deputy pulled him over in Colorado for his GPS unit. Thinking he had nothing to hide, Spahiu agreed to a search, and the deputy found the cash, which had been hidden in the spare tire and in a duffel bag. Despite finding nothing illegal, the deputy confiscated the cash, which remains in custody of the Drug Enforcement Agency, Cosley said. He speculated Spahiu's out-of-state license and immigrant profile made him a target, and the GPS provided a reason to stop him. "It gives police the ability to pull over people they deem suspicious," he said. "He was never charged with any criminal offense." dtsimmons@tribune.com Copyright © 2009, Chicago Tribune Police handing out tickets for air fresheners -- chicagotribune.com
__________________ Comments should be taken as Opinions not as Statements of Fact. |
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11-10-2009, 11:06 AM
| #2 |
| Nissanaholic!   Join Date: Jun 2004 Location: Kingdom of Laos, with my boy GVP Age: 22
Posts: 2,260
Trader Rating: (1) | that's pretty lame. my younger brother's rear view mirror looks like a 17 year old korean girl's phone, so he should probably start watching out.
__________________ Type G. Anything else, would be uncivilized. |
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11-10-2009, 11:10 AM
| #4 |
| VIPremium Member   | Cops are cracking down on the smallest thing because they need to make quota to get payed. |
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11-10-2009, 11:12 AM
| #5 | |
| Back to the Shadow Complex  | Yeah that shit happens here in WI a lot. I know a lot of people that have been cited for having their graduation tassle hanging from the mirror.
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11-10-2009, 11:15 AM
| #6 | |
| Flying Under the Radar  | Quote:
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11-10-2009, 11:51 AM
| #7 |
| Premium Member  Join Date: Apr 2006 Location: SKYLINE BLVD, BAY AREA, CALIFORNIA Age: 25
Posts: 1,640
Trader Rating: (13)  | is there any way to stop this bullshit though? i think this is stupid.
__________________ buy my dohc ka-t parts http://zilvia.net/f/sale-items/28249...ml#post3063591 SR20DET STARTER SWAP http://zilvia.net/f/tech-talk/182962...rter-swap.html |
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11-10-2009, 11:56 AM
| #8 |
| Ki Ki Ki Ma Ma Ma   | The Visor comes down past most AS1 lines too, yet it comes from the Factory like that. Stupid rule
__________________ Ever bought anything from me? Leave a review http://www.zilvia.net/f/showthread.php?t=200877 |
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11-10-2009, 12:54 PM
| #11 |
| Been in this since Jan. 2003  | Man, this is fucking RACIST! Racist cops!!!! but in reality, the country needs money. Easy money can come from citations. Easy citations can come from simple (possibly stupid) things wrong with your car. EASY MONEY. Last edited by Brian; 11-10-2009 at 02:24 PM. |
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11-10-2009, 01:11 PM
| #12 |
| Premium Member  | One of the only times i got pulled over was for this reason, hanging parking permit at school. no ticket, but it still sucks being pulled over. this was in my s13 btw so maybe he just wanted an excuse to pull me over. Must be a dick cop go give a ticket for it |
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11-10-2009, 02:41 PM
| #13 | |
| misanthrope  | It was bull-shit to confiscate the dude's $200k he didn't do anything wrong. it's not like there's a law prohibiting the amount of cash you can carry. it was a relief to find out this wasn't happening in CA. was 99% sure it was by reading the tread title in the forums. Quote:
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11-10-2009, 03:13 PM
| #14 |
| We're goin to hell.  | I drive on the interstate into Chicago almost daily for work and have two big fucking massive fuzzy White Sox themed dice and a garter hanging from my mirror and never caught heat for it. Maybe it's because I'm white. I can definitely see the northeast Illinois po-pos pulling this shit though they're crooked as hell. As for the handicapped plackard, btw, it says in big bold print on the back of the card (the side facing the driver) DRIVING WITH THIS PLACKARD HANGING FROM THE MIRROR IS A VIOLATION OF THE LAW or something to that effect.
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11-10-2009, 03:35 PM
| #16 |
| In time-out for misbehaving.  | every time i see some dumb bitch driving with a lei or some big furry fucking whatever hanging from her rearview mirror blocking a third of the windshield, i wonder why they don't hand out more citations for that shit. aren't women bad enough drivers as-is? |
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11-10-2009, 04:54 PM
| #18 |
| Post Whore!  | another reason you shouldnt put stupid fucking decals on your windshield lol "Im gettin pulled over!" lol I doubt it was for something like a handicap permit or air freshener, they where minorities i bet you!
__________________ relax its just cars  |
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11-10-2009, 06:47 PM
| #20 | ||
| You got me runnin up the walls  | Quote:
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11-10-2009, 06:59 PM
| #22 | ||
| Deadpool is NOT dead!  | Quote:
Oh wait, that's your head.
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11-10-2009, 08:00 PM
| #24 |
| Premium Member   Join Date: Sep 2006 Location: meet a giant fish....LIKE A BOSS!! Age: 33
Posts: 3,887
Trader Rating: (4)   | Just do what i did. i have been preaching this shit for years on here. If you feel that your ticket was a case of profiling. File a complaint. its really easy. the officers name will be on the ticket. im sure the watch captain will wanna talk to you and all, but whateves. tell em it was BS and your going through with the complaint. I like to feel my complaints against the Burbank Police Department is a small part of why the FBI has the entire department under investigation. Complaints add up. When I was 18 I had an officer fired for harrasment. Police the Police, dont let them get out of control. i dont believe driving is a priveledge. My taxes pay for parts of the roads and parks and maintenence salary and peying officers to make the world safe, not abuse me. my 2 cents.
__________________ No, its not an SR, its a single cam..........  |
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11-10-2009, 08:01 PM
| #25 |
| 雪彫刻専家  |  Aww man... fuzzy dice gonna get me in trouble... |
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11-10-2009, 08:05 PM
| #26 |
| LAID OUT  | All these cities/counties/states are broke, they are looking for any little thing to ticket and fine you for, under the false guise of 'safety'. Nothing new here really. I've never heard anything about my Fusa/gintsuna knots and 'junction produce DESTINYS' decal across the front glass in my LS400. Maybe it's different because it's not a busted up 13.... 
__________________ S13 and S14 and LS400 owner Check out my VIP blog   |
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11-10-2009, 08:25 PM
| #28 | |
| Been in this since Jan. 2003 | Quote:
Driving is sure as hell not a right. If you're poor or an idiot, you should NOT be able to own or drive a vehicle. You let the idiots drive then you have problems. How many jackasses can't even use their turn signals?? Shit, man, the fucking handle is inches from the steering wheel. I hate idiots.  | |
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11-10-2009, 08:52 PM
| #29 | |
| Pie Eater | Quote:
Amen to that.
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11-10-2009, 09:03 PM
| #30 |
| Post Whore!  | In America you are pretty much forced to drive, unless you live in one of the few places with a decent public transportation system, like Chicago or New York. If the city built a subway or a bus stop down the street, I would be happy not to drive, and only use my car for fun/trips.
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