Can I fight an air freshner violation (26708)

What is the name of your state (only U.S. law)? Los Angeles, CALIFORNIA

I got a ticket for having an air freshener on my front view mirror, but initially I got stopped for Speeding according to the officer. I had dropped off my son at school that morning and I made a left turn, as soon as I completed my turn I passed next to a police patrol, that as soon as he saw me made a U turn and followed me 4 block then he decided to stop me. when he approach me he told me that I was speeding , he said that I was driving 40mph, so I told him that that wasn't truth since I had just completed a left turn at a school zone. He said that he wasn't going to argue with me about it and he asked for my License and Registration, unfortunately at the time I had forgotten my wallet at home since I was in a rush to drop off my son at school, so he took down my name and address and my registration. According to the officer my information wasn't on the computer so he was going to have to impound my vehicle, which he did. When he gave me the ticket, he gave me a ticket for violation 26708 which is an air freshener violation. My car got impounded, which I ended up paying over $300 in fees to get it out the same day, not to mention losing a day of work. So I’m wondering if I should fight this ticket in court. the officer wasn't able to see the air freshener from his view, since I drive a truck and also the Sun was hitting my windshield and it's impossible to see anything past that glare of the glass, also if I committed any other violations why was I only penalized for the air freshener, I could've gotten a ticket for not carrying my license and also for speeding which I wasn't. I also think that I was stopped because I'm Hispanic and I have a bald head, which doesn't identify who I really am. I have a professional job and I have never had any trouble with the law. Let me know if it's worth it.

MS213324 said:

What is the name of your state (only U.S. law)? Los Angeles, CALIFORNIA

I got a ticket for having an air freshener on my front view mirror, but initially I got stopped for Speeding according to the officer. I had dropped off my son at school that morning and I made a left turn, as soon as I completed my turn I passed next to a police patrol, that as soon as he saw me made a U turn and followed me 4 block then he decided to stop me. when he approach me he told me that I was speeding , he said that I was driving 40mph, so I told him that that wasn't truth since I had just completed a left turn at a school zone. He said that he wasn't going to argue with me about it and he asked for my License and Registration, unfortunately at the time I had forgotten my wallet at home since I was in a rush to drop off my son at school, so he took down my name and address and my registration. According to the officer my information wasn't on the computer so he was going to have to impound my vehicle, which he did. When he gave me the ticket, he gave me a ticket for violation 26708 which is an air freshener violation. My car got impounded, which I ended up paying over $300 in fees to get it out the same day, not to mention losing a day of work. So I’m wondering if I should fight this ticket in court. the officer wasn't able to see the air freshener from his view, since I drive a truck and also the Sun was hitting my windshield and it's impossible to see anything past that glare of the glass, also if I committed any other violations why was I only penalized for the air freshener, I could've gotten a ticket for not carrying my license and also for speeding which I wasn't. I also think that I was stopped because I'm Hispanic and I have a bald head, which doesn't identify who I really am. I have a professional job and I have never had any trouble with the law. Let me know if it's worth it.

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A 26708 is not an "air freshener" violation... It is a violation for having an object/material blocking or restricting your forward view from the windshield.

Here's a link to the code section: http://www.dmv.ca.gov/pubs/vctop/d12/vc26708.htm

Was it marked on the citation as "correctable"?

I'll leave the tow issue for someone else to answer but I will refer you to the VC section that authorizes it: (See subsection (p) http://www.dmv.ca.gov/pubs/vctop/d11/vc22651.htm

Oh, and leave the following issues alone as they will not get you anywhere:

I could've gotten a ticket for not carrying my license and also for speeding which I wasn't. I also think that I was stopped because I'm Hispanic and I have a bald head...

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MS213324 said:

I got a ticket for having an air freshener on my front view mirror, but initially I got stopped for Speeding according to the officer.

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So, the stop was for speed, but you were cited for having a view obstruction, correct?

According to the officer my information wasn't on the computer so he was going to have to impound my vehicle, which he did.

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What code section was on the impound paperwork? (The form used is labeled as a CHP-180 and should have an authority section ... was it CVC 22651(p)? 22651(o)?)

Do you HAVE a valid California driver's license?

Is the vehicle currently registered?

When he gave me the ticket, he gave me a ticket for violation 26708 which is an air freshener violation.

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No, it's for material obstructing the driver's view. It can also be easily beaten. But, if it was marked as a correctable violation, it might be easier to just remove the air freshener, have an officer sign it off, and turn it in to the court along with your $25.

So I’m wondering if I should fight this ticket in court. the officer wasn't able to see the air freshener from his view, since I drive a truck and also the Sun was hitting my windshield and it's impossible to see anything past that glare of the glass, also if I committed any other violations why was I only penalized for the air freshener, I could've gotten a ticket for not carrying my license and also for speeding which I wasn't.

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Because he cut you a break and did not cite you for anything else does nothing to invalidate the stop.

You are free to challenge the citation in court if you wish. The officer will have to articulate how the air freshener obstructed your view, and unless the judge is extremely pro-officer, it is likely he will not agree that an air freshener hanging just below the rear view mirror would be a significant obstruction. If you prepare properly, you can probably beat it. Start by taking pictures of the freshener from different angles and from where you sit in the car to show that it would not obstruct your view of traffic, signs/signals, or pedestrians.

I also think that I was stopped because I'm Hispanic and I have a bald head, which doesn't identify who I really am.

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Don't even try to play the race card unless you have some proof that the ONLY reason you were stopped had to do with your race. If you bring it up without proof, you will probably alienate the court.

I have a professional job and I have never had any trouble with the law. Let me know if it's worth it.

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This is an infraction, not homicide. It is a traffic offense. It really is no big deal.

I'm more concerned about the impound than the citation because even if the officer did not make it correctable, the court can. The impound might be a little iffy ... and if I were going to tow the car because you did not have a license, I'd want to issue you a citation as well. Something is odd about the impound ... either that, or this agency has some very different practices with impounds.

I was stopped for speeding according to the officer, I do have a valid California License and I do have the proper registration and insurance. there isn't anything on the ticket about my truck being towed. It only has the infraction "26708 vc Air freshener". he marked it as not correctable too. I had understood that that was a correctable infraction, that's where I'm confused on the ticket. The officer was a real jerk too, wouldn't let my sister take the truck even though she had her license on her. I brought up the race part just because it's not the first time I get pulled over and search for no reason. I wouldn't mind paying $25 for the infraction but when its over $150 plus the towing fees almost $500 it really hurts.

MS213324 said:

there isn't anything on the ticket about my truck being towed. It only has the infraction "26708 vc Air freshener".

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You were also given a document that related to the tow/impound of your vehicle. Where you not? If so, what vehicle code section did the officer cite (on that form) as the authority for the tow?

MS213324 said:

he marked it as not correctable too.

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I'm curious if this was a CHP officer?

MS213324 said:

The officer was a real jerk too

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While I agree that something's amiss with regards to the tow/impound, you also have to keep in mind that he could have been a bigger jerk by citing you for speeding as well as for driving without a license in your possession and throwing in a "tell it to the judge" at the end...

I have to find that other paper. It was LAPD. I understand that I could have gotten a ticket for not carrying my license and since I wasn't speeding as the officer said I was I believe that he wouldn't have to give me a ticket for going 25 mph on a 25 mph school zone. There was no reason for me to be pulled over in the first place. I known people who have gotten pulled over and gotten cited for not having a license and they get to keep their vehicles since they have some one with a license pick them up and their cars. I believe that I would rather much gotten a citation for not carrying my license and not have to deal with not keeping my truck and also missing work. it would've been much less expensive.

MS213324 said:

I understand that I could have gotten a ticket for not carrying my license

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Yes, you could have gotten a ticket.

But you also could have gotten your car impounded, which is what happened.

Carry your wallet when you drive.

CdwJava said:

You are free to challenge the citation in court if you wish. The officer will have to articulate how the air freshener obstructed your view, and unless the judge is extremely pro-officer, it is likely he will not agree that an air freshener hanging just below the rear view mirror would be a significant obstruction. If you prepare properly, you can probably beat it. Start by taking pictures of the freshener from different angles and from where you sit in the car to show that it would not obstruct your view of traffic, signs/signals, or pedestrians.

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With all due respect, Carl, the phrase "significant obstruction" doesn't appear in the code section referenced. Specifically, the code section states:

26708. (a) (2) A person shall not drive any motor vehicle with any object or
material placed, displayed, installed, affixed, or applied in or upon
the vehicle that obstructs or reduces the driver's clear view
through the windshield or side windows.


If the OP goes in with a picture of the air freshener, then he will be bringing evidence of his own guilt.

Zigner said:

With all due respect, Carl, the phrase "significant obstruction" doesn't appear in the code section referenced. Specifically, the code section states:

26708. (a) (2) A person shall not drive any motor vehicle with any object or
material placed, displayed, installed, affixed, or applied in or upon
the vehicle that obstructs or reduces the driver's clear view
through the windshield or side windows.


If the OP goes in with a picture of the air freshener, then he will be bringing evidence of his own guilt.

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If you take a look at case law on the issue, you will find that the obstruction must be pretty clearly articulated. Most such hanging air fresheners are not likely to make a judge believe that there is an obstruction. I used the term "significant" because the mere fact that it is hanging from the rearview mirror and might prevent a full view of a cloud on the horizon does not mean that it in any way obstructs your forward view of traffic, pedestrians, or obstacles.

MS213324 said:

I have to find that other paper. It was LAPD. I understand that I could have gotten a ticket for not carrying my license and since I wasn't speeding as the officer said I was I believe that he wouldn't have to give me a ticket for going 25 mph on a 25 mph school zone. There was no reason for me to be pulled over in the first place. I known people who have gotten pulled over and gotten cited for not having a license and they get to keep their vehicles since they have some one with a license pick them up and their cars. I believe that I would rather much gotten a citation for not carrying my license and not have to deal with not keeping my truck and also missing work. it would've been much less expensive.

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I suspect that whatever name and information you gave the officer could not be verified by his or her dispatch, so that is why the car was towed.

This is also why I'd like to know what was on the impound sheet (called a CHP 180). The department AND the tow company would have a cope of that sheet, and the authority section would read something like "VC 22651(p)" or something similar.

Among my concerns is that if the officer really thought you had no license, why no citation for CVC 12500(a)? And why no 30 day impound pursuant to CVC 14602.6? I suspect he may have believed you that you had a license, but towed it anyway ... a cheesy thing to do, in my opinion. He either believes your unlicensed, or he doesn't.

Another issue for the impound would have to do with whether or not there was a community caretaking aspect to the tow. If the car was legally parked in a safe location, and no danger to the vehicle or traffic could be identified, then the tow may not have been entirely lawful. It doesn't take a lot to articulate this, but most officers are still pretty poor at articulating the community caretaking requirement for such a tow and instead cite their reason for the tow as, "She didn't have a license so I towed it ..." Oops! That's only one part of that legal puzzle!

You MIGHT have grounds to contest the tow ... but, the issues involved are subjective enough that it might not be worth the time and effort.

Trust me I do understand everything that you guys are saying and I trully appreciate it. I just want to know if I should fight it or I should just pay the fine? also I wonder why he wouldn't let my sister drive the truck if she was there before the tow truck arrived. Also my truck was park in an area where it wasn't obstructing anything, so it was perfectly parked. by the way my license was inside the truck while this happen, I had left it in my baseball bag the night before.

I did give the officer all the correct information, he said that he found me on the computer but he did not find any license information which I think it's false, doesn't the DMV provide the LAPD with all that information?

MS213324 said:

Trust me I do understand everything that you guys are saying and I trully appreciate it. I just want to know if I should fight it or I should just pay the fine? also I wonder why he wouldn't let my sister drive the truck if she was there before the tow truck arrived. Also my truck was park in an area where it wasn't obstructing anything, so it was perfectly parked. by the way my license was inside the truck while this happen, I had left it in my baseball bag the night before.

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Was your sister WITH you? If she was not already on scene, then they are under no legal obligation to wait for her. But, if she were there and had a valid license, it would have been harder to justify not releasing the vehicle to her. About the only good argument might be that there was a real concern that she might turn the vehicle back over to you in short order.

Unfortunately for you, your license in a baseball bag does not do you any good.

I wonder why when the officer ran your name and birthdate that it did not come back with a match for a license? The LAPD dispatch can check directly with DMV through CLETS, but if the system was down (which happens a lot on Sundays) then they may not have been able to confirm that. And the LAPD records system might have you in it for some reason, but if it doesn't have your license information then they really can't act on it.

You can fight it if you want, but whether or not the effort and time off of work is worth the dollar amount is up to you. I can't say what your odds of winning are, but to stand a chance of winning you will have to prepare that case.