The Perils of Driving in Arizona No. 2

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I’ve now had two different clients stopped for a violation of A.R.S. § 28-959.01(B), which states (paraphrasing) that a person shall not operate a motor vehicle with an object placed on the windshield that obstructs or reduces a driver’s clear view through the windshield.

The offending object in both of those cases may surprise you: a radar detector.  In both instances, the radar detector was placed directly beneath the rear-view mirror at the base of the windshield, just above the dash – clearly not obstructing or reducing the driver’s clear view through the windshield.  Furthermore, the law in Arizona doesn’t prohibit radar detectors, but the way that law enforcement is using A.R.S. § 28-959.01(B) would appear to subject anyone who uses a radar detector to police intrusion into their life.

Curiously, A.R.S. § 28-959(A)(12) specifically excludes “safety monitoring equipment and driver feedback” objects from the statute.  I would argue that a radar detector is a safety monitoring device that provides driver feedback.

If you or someone you know has had contact with law enforcement for simply having a radar detector or “GoPro” camera mounted to the windshield, it is imperative that they speak to an experienced criminal defense attorney before making any decisions about their case.

Be safe out there.  The world continues to be a dangerous place.

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