People v. Price

Defendant was convicted, after bench trial, of DUI, unlawful possession of drug paraphernalia, and unlawful possession of cannabis. Officer stopped Defendant's vehicle because of broken taillight and air freshener hanging from rearview mirror which would obstruct Defendant's view. Court properly denied motion to suppress evidence and motion to rescind statutory summary suspension (SSS). Air freshener, 3 inches by 4 to 5 inches and swaying side to side, hung by elastic string two inches below the mirror, was a material obstruction based on its placement in vehicle and in relation to Defendant's eye level, thus justifying traffic stop. (POPE, concurring; APPLETON, dissenting.)