Tom Greenwood

Court reverses rule on rearview mirrors

Traffic laws come and go ... and sometimes they come back again.

The 6th U.S. Circuit Court of Appeals in Cincinnati made an unusual move recently when it withdrew an earlier ruling that struck down a Michigan law that limits what drivers can hang on their rearview mirrors. On Dec. 19, the court ruled Michigan's rearview mirror law was unconstitutional because it was vague and offered police too much discretion in determining when something obstructed a driver's view.

The case in question involves Lonnie Ray Davis who was pulled over in 2006 by Westland police because of a 4-inch Tweety Bird air freshener dangling from his rearview mirror. Once stopped, police discovered that Davis -- an ex-convict -- was carrying drugs, a gun and an open bottle of liquor in his vehicle.

According to 257.709 C of the Michigan Vehicle Code, "a person shall not drive a motor vehicle with any of the following ..."a dangling ornament or other suspended object that obstructs the vision of the driver of the vehicle, except as authorized by law."

The court of appeals judges struck down the law, but then withdrew their decision, leaving the law to stand as it is. Janice Yates, chief deputy clerk for the court, said she didn't know why the court changed its mind.

"It's not very often that the court withdraws its decision," Yates said.

"They haven't issued anything in writing yet and I don't know why they made that decision to reverse, but the case will be decided again with a new opinion."

According to Orin Kerr, professor at George Washington University Law School in Washington, D.C., there could be two reasons. The court didn't give the state of Michigan a chance to defend the law during the appeal, or that Davis' attorney didn't actually base his appeal on whether the mirror law was constitutional.

Richard Helfrick, Davis' attorney, based his defense on the belief that the police didn't have probable cause to believe he was involved in anything illegal. As for Davis, he pleaded guilty to gun and drug crimes and was sentenced to 16 years. His conviction stands.

Commuting The Associated Press contributed to this report.